Scrapping of Kulbhushan Jadhav’s death sentence to fresh trial: 10 points from India’s plea to ICJ

India will tell ICJ that Kulbhushan Jadhav’s trial was a farce and Pakistan violated an international treaty in denying it access to the former naval officer.

The International Court of Justice (ICJ), which a week ago stayed the execution of former Indian naval officer Kulbhushan Jadhav convicted of spying by a Pakistani military court, will on Monday afternoon begin hearing the case in the Dutch city of The Hague.

Mumbai girls protest against the death sentence awarded to former Indian naval officer Kulbhushan Jadhav by a Pakistani court. (PTI file photo)

India will have 90 minutes to address the 15-judge world court. Led by former solicitor general of India Harish Salve, the Indian team will primarily make out a case of violation of the Vienna treaty on consular relations by Pakistan, India’s plea, a copy of which is available with HT, shows.

India would also seek an extension of the stay on the death sentence.

Pakistan, too, will get 90 minutes to have its say in the matter, the latest flashpoint in the already fraught ties between the two neighbours. Pakistani side is expected to be led by the country’s top law officer, the attorney general.

Here a few points from India’s petition to the ICJ:

1 Pakistan allegedly arrested Jadhav from Balochistan on March 3, 2016.

3 Pakistan has violated the Vienna convention on consular Relations, 1963, which gives an arrested person the right that his/ her arrest or detention be notified to the embassy of his country.

4 Pakistan, despite repeated requests by India beginning March 2016, has not granted consular access to Jadhav.

5 By the way of farcical court martial proceedings, Jadhav was sentenced to death on April 10, 2017.

6 Jadhav’s family has filed an appeal and a petition to the Pakistan government against the death penalty. As Pakistan refuses to share information, there is no clarity whether the appeal filed by Jadhav’s parents has been heard.

7 Appeal available to Jadhav is an illusory and worthless remedy. India has argued that the appeal, too, would be heard by an army officer, which defeats the purpose of a review.

8 India fears that the court of appeal will not act independently and fairly.

9 India asks the world court to direct Pakistan to set aside Jadhav’s conviction.

10 India wants a fresh investigation after consular access is provided. The trial should be held in a criminal and not a military court.