Jadhav case: Ex-India SC judge criticises India’s move to ICJ, calls it ‘Pandora’s box'

Markanday Katju expresses his concerns over the repercussions that India might face by involving the ICJ in the case

A former Supreme Court of India judge, Markanday Katju, has expressed his concerns over the repercussions that India might have to face due to its actions of involving the International Court of Justice (ICJ) in the Kulbhushan Jadhav case, Financial Express reported on Saturday.

Katju, who is also a former Press Council of India Chairman, in a Facebook post said that India had made a serious mistake by going to the ICJ. He also criticised the people “gloating” over India’s victory before the ICJ and said: “Serious mistake for India to go to ICJ. People are gloating over India’s victory before the International Court of Justice regarding Kulbhushan Jadhav. My own opinion is that it was a serious mistake for India to go to the ICJ on this issue, as we have played into Pakistan’s hands, and given it a handle to open up many other issues.”



Katju said that this was the reason Pakistan “did not seriously object” to the ICJ jurisdiction. He said that it was certain that Pakistan would be approaching the International Court of Justice to decide the Kashmir issue and “it will then hardly lie in our mouth to object to the jurisdiction of ICJ since we cannot blow hot and cold together.” Calling the ICJ jurisdiction, “Pandora’s Box”, he said that Pakistan must be happy that India went to the ICJ for a single man’s life as they could now raise a variety of issues, particularly about Kashmir in an international forum, something to which India has always objected.



Earlier this week, the ICJ had ordered a stay in the execution of Kulbhushan Jadhav, the self-confessed Indian spy convicted by Pakistan for carrying out subversive activities in the country.

Judges at the ICJ ruled that Jadhav must not be put to death by Islamabad until they have had time to pass final judgement in the case.

Jadhav was arrested in a counter-intelligence raid in Mashkel, Balochistan in March 2016. In a video confession released soon after, he confessed to being assigned by India’s Research and Analysis Wing (RAW) to plan, coordinate and organise espionage and sabotage activities in Balochistan and Karachi with an aim to destabilise and wage war against Pakistan. He was convicted last month by a military court and sentenced to death.