Indian on Monday sought an immediate suspension of the death sentence awarded to alleged spy Kulbushan Jadhav in Pakistan saying there was a fear that he may be executed even before the decision of the international court.
“Jadhav has not got the right to get proper legal assistance and the right to consular access. There is an immediate threat to him to be executed even before a decision is passed” by the International Court of Justice (ICJ), Deepak Mittal, Indian official, told the court in his opening remarks
Mittal termed the military court trial of Jadhav as “farcical”.
Mittal told ICJ President Ronny Abraham, who presided over the proceedings, that India’s repeated requests to Pakistan on consular access to Jadhav were denied.
“India learnt from press reports that the death sentence was awarded to Jadhav on the basis of an alleged confession. Pakistan has not provided the chargesheet, any documents on the case despite repeated requests,” Mittal told the court.
“It is clear that Jadhav has been denied of his right to seek legal counsel. Jadhav’s parents have applied for visa to travel to Pakistan which has fallen on deaf ears.”
V.D. Sharma, a Joint Secretary in the External Affairs Ministry and co-agent, said Pakistan had failed to comply with all its legal obligations by denying consular access to Jadhav ever since he was arrested in March 2016.
India is seeking relief in the form of immediate suspension of the death sentence. Jadhav has been accused of espionage by Pakistan.
Sharma also urged the court to restrain Pakistan from “giving effect to the sentence awarded by the military court” and to direct it to annul its decision.
The day-long hearing, which began on Monday morning, would involve two sessions of an hour-and-a-half each to India and Pakistan to make their cases.
Pakistan’s session will begin in the afternoon.