Making the final submission in the ICJ on the last day of the hearing, Pakistan’s counsel Khawar Qureshi said, “India’s claim for relief must be dismissed or declared inadmissible.”
Closing the arguments, Pakistan’s Attorney General Anwar Mansoor Khan said, “India seeks relief which they cannot claim from this court.”
Asserting that the military court in Pakistan works according to the Constitution, he asked the ICJ to “dismiss India’s request” in the case.
Khan also assured the court that the process of judicial review in Pakistan was robust and Jadhav can avail it if he chooses.
“Jadhav has been charged with terrorism for which an FIR has been registered with the police that is a civilian agency. The military courts have sufficient proof of espionage and the said military court on the available evidence and the judicial confession proceeded to convict him despite he being given the option of going for a judicial review, he has refused to do so,” Khan told the court.He said India claims consular access, “surely (it) was not allowed for good reason in terms of the agreement of 2008, specially for the reason that commander Jadhav being involved in espionage.”
Khan also raked up the Kashmir issue and said Pakistan was awaiting India’s response on Samjhauta train blast case and has sought evidence on his country’s role in the Pulwama terror attack.
After his submission, ICJ top judge Abdulqawi Ahmed Yusuf adjourned the hearing and said a date for the judgement would be announced later.
On Wednesday, Harish Salve, who was representing India in the case, said that the time has come for the ICJ to make Article 36 a potent weapon for protecting human rights.
On Pakistan’s military courts, he said the International Commission of Jurists and European Parliament have criticised their functioning and added that anything diluting provisions of Vienna Convention must fail.India moved the ICJ in May 2017 for the “egregious violation” of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
