India unlikely to get what it wants from ICJ in Jadhav case

LONDON: The Indian government is unlikely to get relief from the International Court of Justice (ICJ) on its three main demands — at least acquittal, release and return of the captured spy Commander Kulbhashan Jadhav, international law experts familiar with the case told The News.

On Wednesday, July 17, 2019 at 3:00pm The Hague time, the ICJ will, at a public rehearing, read out and hand down its judgement in the case which has captured attention of millions of people. The case of Jadhav has been a major point of contention between Pakistan and India after Pakistani security forces captured Jadhav while he was carrying out his secret mission of sabotage and terror inside Pakistan.

A careful look at the case skeleton of Pakistan and India shows that India has demanded that the ICJ ‘at least’ order the acquittal, release and return to India of Jadhav.

In its written and oral arguments presented by English Barrister Khawar Qureshi QC, Pakistan contented that the ICJ should grant no relief to the Indian and in in the alternative, also pointed the availability of effective review by the Pakistani high courts or the military courts of Pakistan as provided by Article 199 of the Constitution of Pakistan, coupled with access to a lawyer in accordance with Article 10 of the Constitution.

A legal expert, who has represented cases at the ICJ, said on condition of anonymity that Barrister Qureshi QC had correctly told the ICJ that at no stage since this convention on April 10, 2017 has Commander Jadhav or any member of his family or any other party sought to invoke the review jurisdiction of the Pakistani high court, nor have they ever made any request for consular access for this purpose.