Kulbhushan Jadhav case: India urges CJI to annul Pakistan's decision

New Delhi : India urged to the International Court of Justice  (ICJ) on Wednesday to annul Pakistan court's decision and direct them for a fair trial in the matter.

“Annul the decision of the military court and restrain Pakistan from giving effect to the (death) sentence. Release Jadhav and ensure his safe passage to India. If not then direct a trial under normal law before civilian courts with full consular access,” Deepak Mittal, Joint Secretary, the Ministry of External Affairs, told the ICJ judges while making the final submission on the third day of the hearing.

Pakistan had ordered a death sentence to Kulbhushan Jadhav on alleged charges of espionage and terrorism in April 2017.

Mittal also requested the top UN court to declare that Pakistan acted in breach of Article 36 of Vienna Convention, failed to inform Jadhav of his rights and declined consular access to him.

Explaining the meaning of judicial review, Salve drew a stark contrast to 26/11 Mumbai terror attack convict Ajmal Kasab case and said, “When we talk of review, I’d like to draw your attention in stark contrast in Kasab case. where the Supreme Court in India held that since it is a case of death sentence we may examine the materials on record first hand. This is called a review.”

Quoting an old lawyer’s saying, Salve said, “When you are strong on law you hammer the law, when you are strong on facts you hammer the facts and when you are strong on neither you hammer the table.”