India has challenged Jadhav conviction in International Court of Justice. It is accusing Pakistan of violating Vienna Convention. India is trying to save its spy Kulbhushan Jadhav who was given death sentence by Pakistan Army’s FGCM.
Indian application maintains that Pakistan has repeatedly denied consular access to Kulbhushan Jadhav. The application further states that Pakistan did not inform India about Kulbhushan Jadhav’s arrest for a long time.
India maintains its claim that Kulbhushan Jadhav was kidnapped from Iran. The Indian side says that Kulbhushan Jadhav had set up his own business in Iran.
The Indian Application says that India wants to suspend Jadhav conviction and declare his death sentence against Vienna Convention. The application asks ICJ to stop Pakistan and annul the decision taken by the military court.
Pakistan to Respond to Jadhav Conviction Challenge
Pakistan is carefully evaluating the challenge by India to the Jadhav conviction. Foreign Office is going to issue a statement shortly in this regard. Earlier Sushma Swaraj reiterates her country’s commitment to bring back Kulbhushan Jadhav.
The Problem of Jurisdiction
Indian legal experts know that the challenge to Jadhav conviction will only temporarily put his death sentence on hold. India cannot stop Pakistan from asking questions like Jurisdiction. As a result, in 1999, India shot down a Pakistani military plane, alleging that it had crossed into the Indian territory. In that incident, around 16 people lost their lives.
At that time the matter went to the world court. However, India maintained that world court did not have the jurisdiction in that case. Pakistan may respond in kind by giving the same argument that world court lacks jurisdiction.
Jadhav Conviction a Diversionary Tactic
Khawaja Muhammad Asif, Pakistan’s Defense Minister, says that India is using Jadhav death sentence as a diversionary tactic. India wants to use these tactics to divert world’s attention from Kashmir’s atrocities. He further said that Jadhav conviction is a clear example of state sponsored terrorism.
Senators Respond to India Approaching CIJ
The Senators in Pakistan actively responded to the threats posed by New Delhi. Consequently, the Senators say that an irrefutable evidence backs the Jadhav conviction. Senator Nihal Hashmi gave reference to the killing of thousands of Muslims in Gujrat under Modi’s watch. He further added that Modi had confessed his country’s role in dismembering Pakistan in 1971.
The Brussels Declaration of 1874 provides no protection to spies caught while carrying out espionage activities. Therefore, the Article 5 of the Geneva Convention says that captured spies can be denied privileges. Hence, the Article argues that by giving rights to captured spies, it may lead to revealing damaging information.