Top jurists say that India is left with limited options after Pakistan’s consistent denials to hand over suspects of the Mumbai terror strikes despite incriminating evidence and in the absence of international courts.
Pakistan has been harping on the absence of an extradition treaty with India and lack of “solid evidence” for not handing over the suspects.
Both India and Pakistan are not members of the International Criminal Court, the Hague-based permanent court, which brings to justice perpetrators of crimes like terrorism and genocide when the country responsible for carrying out such trial is unwilling to do so.
Former CJI J. S. Verma says Pakistan is taking advantage of the absence of an effective international forum. “Forums like International Court of Justice and War Crimes Tribunals are the only available options, but for them to come into play either both the countries have to agree on the matter to be taken there or the United Nations General Assembly would have to refer,” he said.
Senior Supreme Court lawyer Rajeev Dhawan said it has been proved beyond doubt that “Pakistan is a rogue state involved in war activities and should be legally forced to hand back Kashmiri militants operating from its soil.”
Former CJI Justice P.N. Bhagwati said as Pakistan was not a signatory to any important international treaty, “only diplomatic pressure” will work.