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Pak accuses India on Jadhav's conviction

11 May 2017

Indian Foreign Minister Sushma Swaraj said in a tweet Wednesday that "senior advocate Harish Salve" is representing India before ICJ in the Jadhav case.

Since Jadhav's alleged arrest in Pakistan in March previous year, India sought consular access to him 16 times till this month but Islamabad refused to respond. He was sentenced to death by the Field General Court Martial in April this year.

New Delhi says it has been denied consular access to him, despite repeated requests and in contravention of legal obligations. So far, Pakistan has not addressed India's inquiries about his whereabouts or his state of health.

Meanwhile, in the meeting in Islamabad between Prime Minister Nawaz Sharif, the Pakistani Army chief, General Qamar Bajwa, the Director General Inter-Services Intelligence, Lt. Gen. Naveed Mukhtar, and Finance Minister Ishaq Dar were also present. It comes close on the heels of border clashes between Pakistani and Afghan troops and Iran's threat to launch surgical strikes against terrorist havens inside Pakistan if attacks against Tehran's border guards continue.

In a statement, Amnesty International said military courts, which were used in Jadhav's case, have been linked to coerced confessions and unfair trials.

Kulbhushan Jadhav. Photo from confession video, via YouTube.

Pakistan will bristle at ICJ's order, which it can not defy easily without attracting worldwide criticism.

For India, the days ahead are crucial.

India has warned Pakistan of consequences and damage to bilateral ties if the "pre-meditated murder" was carried out.

He added, "We are now waiting to get Kulbhushan back in the city". Now, they are also holding the hearing 15th onwards.

Mr Aziz said the government was also ascertaining whether the matter fell within the domain of ICJ or not.

The case between the arch rivals is likely to be heard next week at the Hague.

In the end however, the jurisdiction of the ICJ is a voluntary one - both state parties have to agree to being tried before a case can go forward.

India also asked the ICJ to declare the decision illegal being violative of global law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and worldwide law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith, if Pakistan is unable to annul the decision.

The appeal on behalf of Jadhav was given last month to Pakistan's foreign secretary Tehmina Janjua by Indian high commissioner Gautam Bambawale, who also handed over a petition by Jadhav's mother seeking the Pakistan government's intervention for his release and expressing the desire to meet him. But Pak defense minister Khawaja M. Asif said India approached the ICJ as a diversionary tactic.

With the ceasefire violation in Nowshera sector claiming life of a civilian and injuring other, the defence experts on Thursday professed for a swift and punitive action against Pakistan.