Former Indian solicitor general Harish Salve told the international jurists' panel how an Indian civilian was tried by 'judges' of a military court with no legal or judicial background.
Pakistan's "opaque" trial of Indian citizen Kulbhushan Jadhav on charges of espionage was exposed by India at the International Court of Justice (ICJ) on Monday as it opened arguments as part of the four-day long hearing there.
Former Indian solicitor general Harish Salve told the international jurists' panel how an Indian civilian was tried by 'judges' of a military court with no legal or judicial background. Salve pointed out that Jadhav was denied his rights under the Vienna Convention under a procedure that fell far short of the minimum standards of fair trial by any national or international standards.
Tension between the two nations was visible even at The Hague when Indian diplomats, including Joint Secretary in Ministry of External Affairs Deepak Mittal, met with Pakistan's Attorney General Anwar Mansoor Khan. Before the hearing started, Mittal — in a clear sign of suspended diplomatic relations following the Pulwama attack — rebuffed Khan's stretched out hand. Instead, a smiling Mittal chose to respond with a firm 'namaskar'.
Making no bones about its discontent over the flouting of the Vienna Convention, India submitted that a foreign detainee is required to be given consular access, right to fair trial, and impartial justice by a process which affords fairness, independence, and impartiality. In the case of the 48-year old former Indian Naval officer Jadhav, Salve stated that the trial was far from anything of the above as 13 requests to consular access have been denied. India also put forth that even the date of arrest is 'not known'.
"Pakistan has sentenced 161 civilians to death in their military courts in opaque proceedings in the last two years," Salve said, pointing to the manner of justice practiced by Pakistan's military courts where judges are military officers. They seldom have a law degree or any kind of legal or judicial training, it was argued. Counsel for Pakistan will address arguments on Tuesday.
(with agency inputs)
LAWYER SPEAK
“Pakistan’s conduct doesn’t inspire confidence that Jadhav can get justice there. Pakistan used Jadhav to build a narrative against India, a pawn to further their propaganda,” Salve told the world court.
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