India and Pakistan clashed with the International Court of Justice (ICJ) on Monday about the fate of the alleged spy Kulbushan Jadhav with New Delhi invoking the court’s jurisdiction to see that the death penalty against him was immediately annulled.
Pakistan rejected the allegation on the grounds that India had no right to invoke the jurisdiction of the highest UN tribunal because the Vienna Convention does not address matters relating to spies, terrorists and those engaged in espionage.
However, Islamabad suffered a jolt when it was not allowed by the court to play video containing a confession intended by Jadhav, a former Navy official, who India says was kidnapped from Iran and taken to Balochistan.
At the end of the day, ICJ President Ronny Abraham announced that the verdict in the matter would be given “as soon as possible” and the date would be delivered in a public session.
The Indian case was firmly presented by noted lawyer Harish Salve, who demanded that Pakistan annul Jadhav’s death sentence and see that he was not executed because his trial was held under “burlesque” circumstances in violation of the Vienna Convention.
“I urge the International Court of Justice to ensure that Jadhav is not enforced, Pakistan informs this court that the action (not to enforce it) is taken and that no measures are taken that could prejudice India’s rights in respect of Jadhav “He said in his presentation of more than 90 minutes.
The ICJ last week suspended execution of a petition from India, which approached the UN court after 46 years in an affair with Pakistan.
Jadhav was sentenced to death by a Pakistani military court last month, a year after he was arrested on espionage charges. India says that Jadhav has been kidnapped and framed. Islamabad has rejected 16 Indian requests for consular access to Jadhav, who is being held in an unknown prison in Pakistan.
Salve’s main argument was that the whole matter of Jadhav’s arrest, prosecution and trial were made in violation of the United Nations Charter and the Vienna Convention in absurd circumstances and on fabricated accusations, since the Indian did not Received legal assistance to defend himself.