ICJ under Vienna Convention not empowered to declare Indian terrorist Kulbhushan conviction illegal – Hashmat Habib

The (International Court of Justice) ICJ’s rejection of all objections reflects poorest performance of legal team headed by Attorney General of Pakistan and further claim of victory is ridiculous. This is a proof of empty minded regime along with partner-in-power. Hashmat Habib President Tehreek e Tahafuz e Adlia said this in his comments. The senior lawyer strongly condemned the false propaganda being buildup to fool the nation.

Hashmat said that ICJ under Vienna Convention is not empowered to declare conviction of the Indian terrorist Kulbhushan Sudhir Jadhav illegal and accept Indian request to handover him hence, the Indian request was dismissed.

He said the dissent note by Justice Tasadaq Jilani is legal and the case was not maintainable. Hashmat Habib said ICJ stayed the execution of the Spy-terrorist till reconsideration of the conviction and it attained finality through Superior Courts verdicts. The judgment also speaks of incommunicado detention which as per Justice Faisal Arab makes the case for retrial.

He further stated that India has jeopardized the judgment entailing years delay. Nation must be told truth and Supreme Court revisit it’s judgments of Judicial review and provide civil appeal & implement Art 10-A.

It may be mentioned here that Indian terrorist Kulbhushan Jadhav had confessed that he had commenced intelligence operations in 2003, and established a business in Chahbahar, Iran, where he was able to go undetected and visited Karachi in 2003 and 2004. He was picked up by Indian spy agency Research and Analysis Wing at the end of 2013 and had been directing various subversive activities in Karachi and Balochistan.

His job, he said, was to hold meetings with Baloch insurgents and collaborate with them to carry out activities “of a criminal nature, leading to the killing or maiming of Pakistani citizens.”

Jadhav, in pursuit of targets set by his RAW handlers, was arrested by Pakistani authorities on March 3, 2016, when he attempted to cross over into the country from the Saravan border in Iran. India, however, alleged that Jadhav was abducted by Pakistan from Iran.

Since Jadhav’s arrest, India was denied consular access to him, although he was provided with a defending officer as per legal provisions during his Field General Court Martial trial. He was sentenced to death by the FGCM on April 10, 2017.

The Pakistan government on a number of occasions sought access to 13 Indian officials to ascertain information in the Jadhav case — a fact that was supposedly also mentioned in the counter-memorial submitted at the International Court of Justice (ICJ) by Pakistan. But New Delhi had remained stubbornly uncooperative. An official explained that Jadhav has multiple cases against him in which he had been indicted on terror- and sabotage-related charges. The cases were progressing, he said, emphasizing the one relating to spying had only concluded.

According to sources in New Delhi the officials whom Pakistan wanted to access included National Security Adviser Ajit Doval and a former RAW chief for their involvement in recruiting and directing Jadhav’s activities. Others that Pakistan wants to access include intelligence operatives, bankers and passport officials.

Pakistan had also sought information about Jadhav’s Navy service file, bank record of his pension payment (if there is one as India had been claiming that he was a retired officer), and issuance of the passport in the name of Mubarak Hussain Patel. Pakistani officials want to know how the passport in the name of Patel was issued and whether it was original or fake.

The Foreign Office had hosted a meeting on 25 December 2017 between Jadhav and his mother and wife. The meeting held as a goodwill gesture had ended in a diplomatic spat between the two countries over the security checks Jadhav’s mother and wife underwent and the language restrictions during the meeting.

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