At ICJ, Pakistan dismisses India’s plea for consular access to Jhadav

Says provision of such access under Vienna Convention is only for legitimate visitors, not for spies

ISLAMABAD: Pakistan has rejected India’s objection to denial of consular access to Kulbhushan Jadhav at the International Court of Justice (ICJ), saying the provision of such access under the Vienna Convention does not extend to spies.

Sources told The Express Tribune that Pakistan submitted a 1,700-page counter-memorial in the ICJ on Wednesday, wherein it is stated that since India did not deny Jadhav was travelling with an assumed Muslim name, they had no case to plead.

India repeatedly sought consular access to Jadhav, but Pakistan turned down the requests, citing a bilateral accord that did not permit such access to spies.

It was also learnt that the Foreign Office, the Attorney General for Pakistan (AGP), and the military establishment gave their input in the memorandum. The federal government also sought legal assistance from two top lawyers of the country. The final memorial was drafted by attorney Khawar Quraishi.



According to sources, Pakistan has stated in its memorial that “the Indians have not denied that Jadhav was travelling on a passport with an assumed Muslim name”.

Pakistan’s memorial also states that India did not offer an explanation on why a serving naval commander was operating under secondment to the Indian spy agency Research and Analysis Wing (RAW) and was travelling under an assumed name “which leads to only one conclusion – that India wanted consular access to the information he had gathered”.

The memorial insists that since Jadhav was on active duty, it is obvious that he was a spy sent on special mission.

“A state which does not come with clean hands cannot get any relief,” says Pakistan. “Only a state which adheres to legitimate actions can request the court to intervene in a matter between two states.”

Pakistan further states that sending Jadhav for espionage and funding terrorist activities are some of the reasons that disentitle India from invoking the jurisdiction of the ICJ.

Family allowed to meet Jhadav on Dec 25

Pakistan, according to the sources, also highlights constant violations of human rights committed by India in occupied Kashmir, including the use of pellet guns.

Pakistan has also called India “a habitual violater of human rights” which “has not honoured UN resolutions especially on Kashmir”.

It is learnt that the ICJ will decide on the schedule of hearing within 15 days.

On December 8, Pakistan granted permission to the mother and wife of the convicted spy to meet him later this month.

“Pakistan has informed India that it is ready to allow a visit of the mother of Commander Jadhav, along with his wife,” said spokesperson Dr Muhammad Faisal at a weekly news briefing.

He had added that the visit should happen on December 25. A diplomat from the Indian high commission in Islamabad would be allowed to accompany the visitors. “Requisite security will be provided to the visitors.”



On September 13, India had submitted a 22-page memorandum wherein it objected to Jadhav being tried by a military court in Pakistan. India, according to sources, contended that Jadhav’s trial should have been conducted by a civilian court and that Pakistan was bound to give him consular access.

The federal government has already appointed former chief justice Tassaduq Hussain Jillani as ad hoc judge for the case at The Hague.

The ICJ on May 18 halted the execution of Jadhav, who was sentenced to death by a military court on April 10 after being convicted on charges of terrorism and espionage.

Jadhev alias Hussain Mubarak Patel, a serving Indian Navy officer working with the Research and Analysis Wing (RAW) – India’s premier intelligence agency – was apprehended on March 3, 2016, after he illegally crossed into Pakistan via the Iran border.

He was found in possession of an Indian passport issued on May 12, 2015 and valid until May 11, 2024. He confessed that he was a resident of Mumbai, India, still serving in the navy, and was scheduled to retire in 2022.

The videos of Jadhav’s confession circulated widely in the media. He was convicted of espionage, sabotage and terrorism by a field general court martial (FGCM) under Section 59 of the Pakistan Army Act (PAA) 1952 and Section 3 of the Official Secrets Act of 1923.

He confessed before a magistrate and the court that he was tasked by RAW with planning, coordinating and organizing espionage and sabotage activities aimed at destabilizing Pakistan.

Jadhav was convicted of sponsoring and directing IEDs and grenade attacks in Gwadar and Turbat; directing attacks on the radar station and civilian boats in the sea, opposite Jiwani Port; funding subversive, secessionist and terrorist elements through hundi for turning Pakistani youth against the country, especially in Balochistan; and sponsoring attacks on gas pipelines and other infrastructure, including an IED explosion in Quetta in 2015 that caused massive damage to life and property, and strikes on Hazaras in Quetta and Shia Zaireen en route to and from Iran.

Jadhav was also found guilty of abetting attacks through anti-state elements against LEAs in Turbat, Punjgur, Gwadar, Pasni and Jiwani during 2014-2015, killing and injuring many civilians and soldiers. He had also launched a website with subversive content in support of anti-Pakistan elements.