India to file pleadings in Jadhav case on Tuesday

Pakistan to submit counter-memorial by July 17

India is expected to file a counter-memorial on Tuesday in the International Court of Justice (ICJ) on the conviction of Indian spy Kulbhushan Jadhav.

The ICJ on January 23 gave a new timeline to both Pakistan and India for filing another round of memorials in the case. Pakistan will submit a counter-memorial by July 17.

Earlier, New Delhi sought time to file an additional memorial at the ICJ.



While submitting a 1,700-page counter-memorial in the ICJ on December 13 last year, Pakistan rejected the Indian objection of not giving consular access to Jadhav, saying the provision of such access under the Vienna Convention is only for legitimate visitors, and not spies.

Pakistan said that since India did not deny that Jadhav was travelling with an assumed Muslim name, they have no case to plead.

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

However, on December 25, Islamabad allowed Jadhav’s mother and wife to meet with him on purely humanitarian grounds.

It was learnt that the government had also sought legal assistance from two top lawyers of the country. The initial memorial was drafted by Khawar Qureshi.

Pakistan stated in the memorial that India did not explain how a serving naval commander, operating under India’s spy agency – Research and Analysis Wing (RAW) – was travelling under an assumed name. This leads to only one conclusion, that India seeks consular access to the information he [Jadhav] had gathered, it added.

It said since Jadhav was on active duty, it is obvious that he was a spy sent on a special mission.

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

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

“Giving false identity to Kulbhushan, sending him for espionage and funding of terrorists activities are all some of the reasons which disentitle India from invoking the jurisdiction of the ICJ,” said the counter memorial.

On September 13 last year, India submitted a 22-page memorandum wherein it objected to Jadhav being tried by a military court in Pakistan.



India had contended that Jadhav’s trial should have been conducted by a civilian court and that Pakistan was bound to give him consular access.

 

The ICJ on May 18 last year 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.

Jadhav alias Hussain Mubarak Patel was apprehended on March 3, 2016, after he illegally crossed into Pakistan via Iran border.