India brought the Kulbhushan Jadhav case to ICJ. However, in the first hearing against the Indian spy. Pakistan questioned the ICJ jurisdiction over the case. Pakistan awarded death sentence to Kulbhushan Jadhav for his espionage activities against the country.
Dr. Muhammad Faisal, Syed Faraz Hussain, and Ambassador Moazzam Ahmad Khan represent Pakistan’s legal team. Khawar Qureshi argued on behalf of Pakistan in this case. Joseph Dyke and Asad Rahim Khan are representing Pakistan at The Hague.
Kulbhushan Case Out of ICJ Jurisdiction
In the first hearing Pakistan strongly argued ICJ jurisdiction in the Kulbhushan Jadhav case. The Pakistani side maintains that ICJ cannot hear the case brought by the Indian side.
Pakistan representatives already share the confession made by Kulbhushan Jadhav. The revelation shared clearly states that he confessed being sent by India to wreak havoc, and kill innocent Pakistani civilians.
The Pakistani side also argued that Pakistan has followed all necessary legal processes. The side further added that Pakistan has also given legal access to Kulbhushan Jadhav. The representatives of Pakistan shared the Muslim passport of the Indian spy. The Pakistan represents say that India fails to come up with a valid justification for a Muslim passport.
Pakistan Also Gave Reference to Vienna Convention
To further the argument, Pakistan also argued that ICJ cannot hear criminal cases. The court cannot decide cases which relate to a country’s national security. Lawyer Khawar Qureshi has asked the court to dismiss the application by India.
He also added that Vienna Convention provisions are not applicable to spies carrying out anti-state activities. The Pakistani representatives have also dispelled the false Indian propaganda of kidnapping Kulbhushan Jadhav.
Argument by the Indian Side
On the other hand, India side keeps arguing of Pakistan’s denial of consular access to Kulbhushan Jadhav. Harish Salve leading the Indian side says that India finds itself in a grave situation. He wants the court to resolve the matter urgently.
The Indian side wants urgently order of provisional measures. Consequently, these measures will prolong the case for many years to come. India’s Deepak Mittal, Joint Secretary of India’s External Affairs Ministry, alleged FGCM trials as farcical.
Pakistan May Raise Issue of Kashmir
The Pakistani side may also gradually raise the Kashmir issue. The Pakistani side is expected to come up with more arguments. Hence, Pakistan may argue that by putting up the case of Kulbhushan Jadhav upfront. India is trying to cover up the atrocities committed against innocent Kashmiris in Jammu and Kashmir.
