Pakistan submits response in Jadhav case to ICJ

Smita Sharma

Tribune News Service

New Delhi, December 13

Pakistan on Wednesday submitted its formal response in the Kulbhushan Jadhav case to the International Court of Justice (ICJ) in Hague. The counter memorial submitted by Firah Bugti, Director India in the Pakistan Foreign Office, dismissed India’s stand and stressed that Jadhav’s case cannot be considered as that of an “ordinary national”.

India had dragged the case to The Hague court this year after repeated requests for consular access were stonewalled.

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Lodged in a Pakistani jail since March of 2016, Jadhav faces the gallows on charges of espionage and conspiring to destabilise the restive Balochistan province.

The Hague Court had ordered a stay on his execution in its provisional order in May.

According to Pakistan official sources, the counter memorial stresses that Jadhav entered the country to spy and carry out sabotage activities, hence questions the realm of ICJ’s jurisdiction in this case.

The response also argues that since Jadhav was an Indian Navy officer working for RAW (Research and Analysis Wing) at the time of arrest, Islamabad’s actions have not violated the Vienna Convention.

Delhi said Jadhav was a retired naval officer, not a serving one and dismissed Pakistan’s allegations while accusing Pak agencies of having abducted Jadhav from Iran.

Ahead of its ICJ reply though Pakistan proposed a meeting between Jadhav and his wife, and with Indian conditions accepted, the meeting is now expected on December 25.

Agreeing to Indian terms Jadhav’s mother Avantika and an Indian diplomat will also be present for the meeting. Pakistan has stressed the proposal was made on “purely humanitarian grounds”.

It is now up to The Hague Court to seek further documents from both sides and whether to take up the case for further hearing. Though with recent elections to the ICJ, the newly-elected judges will take oath on February 6, 2018 following which the new full bench is expected to take up the case not before April-May next year.

India’s candidate Judge Dalbeer Bhandari was re-elected to the ICJ bench, while former chief justice of Pakistan Tassaduq Hussain Jillani will serve as an ad-hoc judge on the bench.

According to Pakistani sources, the counter response document prepared by the legal and foreign ministries and the Attorney General of Pakistan includes details of Jadhav's alleged involvement in subversive activities as well as his said confession video.