Pakistan has dismissed India’s stance while submitting its reply in the case of convicted Indian spy Kulbhushan Jadhav to the International Court of Justice. In its counter-memorial, Pakistan has stated that Jadhav is not an ordinary person as he had entered the country with the intent of spying and carrying out sabotage activities.
The reply also states that Jadhav, who was a serving officer of the Indian Navy, does not fall under the purview of the Vienna Convention.
The international court will now decide whether to take the case forward for hearing or ask the parties (India and Pakistan) to submit more documents. Pakistan’s reply was submitted by the Foreign Office’s Director India, Fariha Bugti.
The reply was jointly prepared by the attorney general, Pakistan’s legal team in the case, and officials of the Ministry of Foreign Affairs. Sources further revealed that the document includes details of Jadhav’s involvement in subversive activities inside Pakistan, his trial and sentencing.
Commander Jadhav — an on-duty Indian navy officer working for Indian covert agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan, after he entered into Pakistan from Iran. The reply also encompasses the charge-sheet against the convicted RAW operative and narrates Pakistan’s stance in a comprehensive manner, sources had said.
Submitting counter memorial in the ICJ, Pakistan said that since India did not deny Jhadav was travelling with an assumed Muslim name, they have no case to plead. India has sought consular access to Jadhav repeatedly but Pakistan turned down its requests, citing bilateral accord that did not permit such an access to spies.
“Lack of explanation on how a serving naval commander was operating under secondment to Indian spy agency Research and Analysis Wing was travelling under an assumed name leads to only one conclusion that India wanted consular access to the information he had gathered.”
Sources further added that since Jhadav was on active duty, it is obvious that “he was a spy sent on special mission”. Pakistan stated that “a state which does not come with clean hands cannot get any relief”. “Only a state which adheres to legitimate actions can request the court to intervene in a matter between two states,” Pakistan has stated, adding that “a state which does not come with clean hands cannot get any relief”.
Pakistan will argue that sending Jhadav for espionage, funding terrorist activities are some of the reasons that disentitle India from invoking the jurisdiction of the ICJ. Sources further added that Pakistan will also highlight constant violations of human rights committed by India in occupied-Kashmir including the use of pellet guns.