Kulbhushan Jadhav case: Pak says Vienna Convention doesn't apply to spies

Pakistan also said India's application on Kulbhushan Jadhav is unnecessary and misconceived

Saying provisions of the Vienna Convention did not apply on spies, terrorists and those who indulge in espionage, Pakistan on Monday rejected India's attempts to invoke the jurisdiction of the International Court of Justice (ICJ) to save the life of alleged spy Kulbushan Jadhav. It further said India's application on Kulbhushan Jadhav is unnecessary and misconceived.

Rebutting India's case before the ICJ, Counsel Khawar Qureshi asserted that this forum is not a criminal court of appeal nor does it exercise criminal jurisdiction and also said India has used this court as the scene of political theatre, which the country says will not respond in kind.

 

"India's plea for invoking provisions of Article 36 of the Vienna Convention is not relevant in this case. The Vienna Convention was adopted for better communication between friendly countries. But it cannot apply in this case of a spy set up by a state. It is clear from the Vienna Convention that the provision being sought under Article 36 by India cannot be entertained by this court," Qureshi said in his 45-minute reply to arguments put forth by Indian counsel Harish Salve earlier.

At the outset, Qureshi said India was invoking the jurisdiction of the court for "political theatre" and described as "bizzare" the description of Jadhav's trial as a kangaroo court.

Defending further, Pakistani attorney alleged that India has been unable to provide an explanation for Jadhav's passport which bears a Muslim name, and there has been deafening silence and no response from India on Pakistan's accusations on Jadhav.

Dismissing India's contention that it invoked the jurisdiction of the court because of the "imminent" possibility of execution of Jadhav, Qureshi said the court was bound to settle disputes between countries peacefully and not waste time on issues sought to be raised for political purpose.

In this regard, he cited the possibility of clemency which was mentioned by Pakistan Foreign Advisor Sartaj Aziz.

At the end of the Pakistani argument, ICJ President Ronny Abraham announced that the court would give its verdict in the case "as soon as possible".

The date will be delivered at a public sitting, Abraham said.