There is no doubt that Pakistan is in a real fix after the judgement of the International Court of Justice (ICJ) on the case of Kulbhushan Jhadav on 18 May ,whom Pakistani Military Court has sentenced to death, calling him Indian Spy, while India claims him to be an Indian Citizen and innocent.
The only evidence that Pakistani military court had against him was his confession taken under duress of which they have a video of six minutes which has been edited 100 times.
India had taken this case to ICJ saying that Kulbhushan Jhadav a ex Navy officer and now a businessman, was abducted by the Taliban from Iran where he had gone for business and sold to the Pakistani Army and its dirty tricks department ISI early last year. Pakistani Army tried him as an Indian spy after stating that he was caught in Baluchistan province of Pakistan and sentenced him to death in their Kangaroo court. India requested Pakistan to provide consular access to him 16 times but Pakistan denied it. After pronouncing death sentence on him Pakistani Army could have executed him any time despite the fact that Pakistani law provides 150 days to the accused to appeal to Supreme Court of theirs as also to apply for the clemency with their president. The only evidence that Pakistani military court had against him was his confession taken under duress of which they have a video of six minutes which has been edited 100 times.
This entire episode was the brain child of Pakistani Army and its intelligence agency ISI who just do not want good relations between India and Pakistan to maintain their elite and number one position in Pakistan. Today Pakistani Army has a hand in every business in Pakistan. Vide Ayesha Siddiqa their famous military writer; Pakistani Army is doing 20 Billion dollar business in Pakistan. To deflect world attention on the perfidy of Pakistani Army of sending to India the jehadis sponsored by them, an Indian claim which world now believes , they found in Kulbhushan Jadhav the answer. By hanging him they would have permanently spoiled the relations with India, would have also made their civilian democratically elected Government, who has been trying to improve relations with India, look as puppet. The game plan was to show to the world the face of Kulbhushan Jadhav as Indian spy of RAW sent to Baluchistan to create trouble for Pakistan.
Pakistani game plan got badly awry after India took the case to ICJ. India presented its case in Hague court under its legal team headed by the famous Supreme Court lawyer Harish Salve who charged just Rs 1/ for the case. Compare this with the Pakistani Barrister Khawar Qureshi who charged Pakistan five million pounds. Indian case of Kulbhushan Jadhav had three main points First. Pakistan violated Vienna Convention on Consular relations (VCCR) by denying Jadhav legal assistance. Second. Consular access was denied to India for its citizen despite 16 official requests. Third. VCCR optional protocol calls for compulsory jurisdiction of ICJ in disputes arising out of interpretation of application of VCCR.
Keep aside the Pakistani rant; the truth is that Pakistan has made a poor show in this case. They have mishandled the case badly and have got egg on their face.
Pakistan presented its case saying that in 2008 India and Pakistan had arrived at an agreement that on consular access both sides had agreed that in the case of arrest, detention or sentence made on political or security grounds, each side will examine the case on its merits. However this argument was rejected by the ICJ because the agreement was not registered by Pakistan with the UN body. Pakistan further reiterated in Hague court that Jadhav was a spy of India that is why he was denied consular access because issue pertained to national security. This argument was also rejected by the ICJ. The ICJ court has given a firm and clear ruling that Pakistan will make all efforts to ensure that no bodily harm comes to Kulbhushan Jadhav and that Pakistan cannot execute Kulbhushan Jadhav till the case is fully heard by the ICJ and verdict delivered.
In Pakistani media this poor handling of the Jadhav case has come under severe criticism. Pakistani Army and its military court have come under lot of fire. After the judgement of ICJ Pakistani Army Chief Bajwa rushed to a meeting with the Prime Minister Navaz Sharif. As is the wont of Pakistani Army when their shenanigans get exposed they run to their cantonments blaming all others. Bajwa took a press conference after meeting Navaz Sharif and said that in the case of Jadhav it is not just the Pakistani Army but all others are also involved.
Inkling of what Pakistan has in mind in the case of Jadhav can be gauged by the press conference of Sartaz Aziz the foreign policy advisor to Navaz Sharif of Saturday the 20 May. Sartaz Aziz says that Jadhav has been given death sentence by the military court of Pakistan which ICJ cannot nullify. He says Jadhav case will be handled according to Pakistani law. He added that ICJ is not an appeal court that can set aside the conviction or make some changes. He continues to insist that ICJ has no jurisdiction on this case and Pakistan will not provide to India counsellor access because ICJ has not ordered so. Pakistan has also appealed to the ICJ that they should re hear the case in six weeks time. Pakistan is readying a strong legal team this time for ICJ headed by their Attorney General.
It is worth remembering that the eleven judges of the ICJ who gave unanimous verdict on Jadhav, there was also the judge of China. So China will not save Pakistan in the Security Council by excising its veto power.
Keep aside the Pakistani rant; the truth is that Pakistan has made a poor show in this case. They have mishandled the case badly and have got egg on their face. Their Armies Shenanigans on Kulbhushan Jadhav have also been fully exposed. They wanted to play the video of Kulbhushans confessions which ICJ refused. ICJ also rejected Pakistani case that ICJ has no jurisdiction on this case. The question is that if Pakistan really felt that ICJ has no jurisdiction then why did they go to Hague Court as one of the party? Now having gone there they remain as one of the party involved, whether they like it or not.
Despite theatrics of Sartaz Aziz of Pakistan going ahead with its death sentence, the truth is that Pakistan already isolated in world forum, dare not go against world opinion like this. Besides if they insist on death sentence India now can go to Security Council to get the ICJ order implemented.
It is worth remembering that the eleven judges of the ICJ who gave unanimous verdict on Jadhav, there was also the judge of China. So China will not save Pakistan in the Security Council by excising its veto power. As has happened in the past the ICJ when it again assembles in August it will most likely pronounce the judgement that Pakistan must review its death sentence pronounced on Jadhav, in the light of him being denied his legal rights and consular access. This means he will be tried in the civil courts of Pakistan where the rules are same as Indian courts and this confessional statement of Jadhav taken under duress will not be admissible. Moreover now this case will draw the attention of world forum and Pakistani Army will not be able to get away with their mischiefs.
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