Rhea Arora
On Monday, February 18, proceedings in the Kulbhushan Jadhav case will move forward in the International Court of Justice (ICJ) at the Peace Palace in the Hague, Netherlands, said the Ministry of External Affairs (MEA).
India has declined to offer information on its case arguments because the case is “sub-judice”. Official spokesperson for the MEA, Raveesh Kumar said, India will present its case before the court. Since the matter is sub-judice, it is not appropriate for me or for India to state a position in public. We follow the rules and procedures of the International Court of Justice. We don’t feel this is something that should be addressed through the media; whatever we have to do, we will do it in court.
Case background
In 2016, Jadhav, 48, was captured while illegally crossing the Pakistani border from Iran, say Pakistani officials. He was apprehended by security forces in the Balochistan province.
Pakistani military accused Jadhav of entering the country to carry out espionage activities in Balochistan and sentenced him to death. According to News18, Pakistan said, Jadhav was not an ordinary person as he had entered the country with the intent of spying and carrying out sabotage activities.”
In December 2017, Jadhav was allowed a meeting his mother and wife in Islamabad. Although both countries had an understanding of the manner in which this family meeting would be conducted, India accused Pakistan of reneging on the conditions.
The MEA released a statement saying Pakistani officials stood by as Jadhavs family was harrassed; his wife was forced to remove her mangalsutra, bindi, and bangles, and his mother was disallowed from speaking in her mother tongue.
The statement also says that contrary to the terms of the family meeting, Pakistan created an atmosphere of fear and intimidation by allowing the press unfettered access and starting the meeting in the absence of the Deputy High Commissioner.
From the feedback we received, it appears Shri Jadhav was under considerable stress and speaking in an atmosphere of coercion. Most of his remarks were clearly tutored and designed to perpetuate the false narrative of his alleged activities in Pakistan. His appearance also raises questions of his health and well being, said the MEA.
On January 23, 2018, the ICJ gave India and Pakistan a timeline to prepare arguments; both countries have submitted their pleas in court.
Indias response
India maintains Jadhavs innocence; it says he was in Iran because he had business ties there from his time in the Indian Navy. Officials also say that he was kidnapped and brought to Pakistan against his will.
When Jadhav was sentenced to death, India moved the ICJ for a hearing on the matter. It claimed that Pakistan was in egregious violation of the Vienna Convention on Consular Relations 1963 by not providing Jadhav consular access.
Pakistan refuted this claim and said the convention only applied to legal visitors, not spies. It added that because Jadhav was travelling with a passport bearing an assumed Muslim name, India had no basis to refute the sentence.
However, a 10-judge ICJ bench stayed the execution until the case was heard at the Peace Palace. The ICJ will hold proceedings in the case from Monday to Thursday.
Indo-Pak relations
Needless to say the outcome of the case will have an impact on the already tenuous relations between India and Pakistan, especially as it is a matter of security.
Dawn quoted retired Lieutenant General of Pakistan Talat Masood, who said, Pakistan has struggled to prove Indias involvement in Pakistans destabilisation. Supporters of Pakistans decision to bring Jadhav to justice say the country made a power move by arresting him and showed India that its security is a high priority and foreign, especially Indian, interference will not be tolerated.
Iran is also in touch with both countries over the issue. However, its foreign minister, Javad Zarif, said, We do not want Iran to become a theatre of animosity between our two friendsIndia and Pakistan. We will work with both sides to bring the region closer to peace and security.
Rhea Arora is a staff writer at Qrius.