Thursday, November 26, 2020
Home Government and Policy ICJ hearing: Indian diplomats refuse to shake hands, Salve exposes the farce of Pakistan's...

ICJ hearing: Indian diplomats refuse to shake hands, Salve exposes the farce of Pakistan’s military courts

Salve submitted before the ICJ that Jadhav's trial by a military court hopelessly fails to satisfy even the minimum standards of due process and should be declared unlawful.

The International Court of Justice (ICJ) has begun hearing India’s plea over the case of Kulbhushan Jadhav, an Indian who has been sentenced to death by a military court in Pakistan on charges of espionage.

Harish Salve, ex-solicitor general oF India, who is representing India at the Hague, argued before the ICJ yesterday that as a foreign detainee, Jadhav has a right to life, right to fair trial, and a right to an impartial judiciary. He pointed out that the military courts in Pakistan have sentenced over 161 civilians to death in opaque proceedings in the last two years.

As per reports, Salve argued that international standards demand that military courts, like all courts, should be impartial, competent and must adhere to the minimum standards of fairness. However, Salve added, the military courts in Pakistan are far from independent. “Judges in the military courts are military officers who are an executive branch of the government itself and do not enjoy independence from the government hierarchy.”

Salve further added that in Pakistan, it is not mandatory for the judges of the military court to have a judicial or legal training or even a law degree. There are no security tenures either which are a prerequisite to ensure judicial competence and independence.

Salve added further that Jadhav’s trial by a military court hopelessly fails to satisfy even the minimum standards of due process and should be declared unlawful. He asserted that Pakistan actively uses its military courts to try civilians and it has been done by amending their constitution.

Salve also argued before the court that by holding Jadhav’s trial in a military court, Pakistan has willfully and brazenly violated article 36 of the Vienna convention.

It is notable here that Pakistan’s military courts were first set up in 2015 for two years to ensure speedy trials after the Peshawar Army school attack. In 2017, the tenure of the courts was extended for another two years.

In the four years of their existence, the courts have convicted 617 people for terrorism-related offenses. 346 people have been given death sentences and 271 have received prison sentences. 56 people have already been hanged.

However, due to the obscurity that the Pakistan government maintains over the proceedings of the court, no one knows who the convicts are, what are the exact charges being brought against them or what are the defenses the accused have been allowed to present against the charges.

In another development, Deepak Mittal, the joint secretary of MEA and Venu Rajamony, India’s ambassador for the Netherlands refused to shake hands with Anwar Mansoor Khan, the attorney general of Pakistan. Both Mittal and Rajamony offered a customary ‘Namaskar’ to the Pakistani AG.

Mittal and Rajamony’s humble refusal to shake the outstretched hand of the Pakistani AG soon grabbed nationwide attention and was hailed by many on social media as a silent and polite message of disapproval from the diplomats to the enemy nation.

Kubhushan Jadhav, an Indian national and ex-Navy officer, employed at the Chabahar port in Iran, was abducted at the behest of the Pakistani military in 2016. Pakistan had claimed that they had arrested Jadhav from Balochistan. A Pakistani military court had sentenced Jadhav to death on April 2017. On May 2017, the ICJ had ordered a stay over the death sentence after hearing India’s appeal.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

After allowing Israelis to visit without visa, UAE stops issuing visas to citizens of 13 countries including Pakistan and Turkey

The decision of UAE to stop issuing visas to citizens of 13 countries is reported to have been taken due to security decisions.

Forgotten daughter of Uttarakhand: Before Nirbhaya, girl working in Delhi was kidnapped, raped and brutally murdered in Haryana

In February 2012, a 19-year-old girl from Delhi was abducted, gang-raped, brutalised and abandoned to die at a mustard field in Haryana

Law against ‘Love Jihad’ does not violate anyone’s fundamental rights: Smashing the ‘liberal’ arguments with truth

The readers must know that this is not a law against interfaith marriage or any marriage to begin with. Interfaith marriages are and will continue to be allowed in India.

Ex-Bollywood actress Zaira Wasim, who quit showbiz for Allah, asks fans to remove her pics

Zaira Wasim had earlier asked her fans to stop praising her as it is dangerous for her 'Iman'.

While Imran Khan continues his rants against Emmanuel Macron, Pakistan govt expects debt relief of around $300 million from France

Pakistani PM Imran Khan and Pakistan citizens have been dissing about France after Emmanuel Macron criticised radical Islam

When Sonia Gandhi trusted Ahmed Patel for conveying to PV Narasimha Rao’s family that his funeral will not be held in Delhi

Sanjaya Baru had said Ahmed Patel approached him to let PV Narasimha Rao's son know about Sonia Gandhi's message.

Recently Popular

Hyderabad elections: Owaisi makes ‘beef biriyani’ sly on BJP leaders, Raja Singh offers him pork biriyani

As an insult to BJP leaders, Owaisi had stated that they should have some biriyani at a particular hotel in Hyderabad that is famous for beef dishes.

Anvay Naik suicide case for which Arnab Goswami was arrested: Letters exchanged, the closure report, and unanswered questions

On 4th of Nov, the country watched as Arnab Goswami was dragged out of his house by over 20 armed policemen for a closed 2018 suicide case

Fraud fact-checker accuses TrueIndology of lying, when caught, wants an HD-quality photo from 1904

Pratik Sinha's lies were exposed in an OpIndia report. After his shoddy 'fact-checking' was called out, he has now resorted to name calling and shifting goalposts.

Uttar Pradesh: Golu and Guddu kill driver Mushtaq with an axe for harassing their sister, surrender to police

The brothers, Golu and Guddu, reportedly reached the police station with a blood-stained axe and confessed to killing Mushtaq.

Habitual offender Rehana Fathima given last warning by Kerala High Court after violating bail condition in ‘Gomatha’ cookery video

In the cookery video titled Gomatha Ularthu, Fathima kept referring to the meat as Gomatha. The High Court let her go giving her last opportunity to 'improve'.

Fraud fact-checking: AltNews co-founder Pratik Sinha spreads fake news while attempting to ‘fact-check’ old picture of a Hindu Sadhu

AltNews's Pratik Sinha posted fake information about an old image of a Hindu Sadhu in Kashmir in his hurry to call TrueIndology as a fraud.
- Advertisement -

After allowing Israelis to visit without visa, UAE stops issuing visas to citizens of 13 countries including Pakistan and Turkey

The decision of UAE to stop issuing visas to citizens of 13 countries is reported to have been taken due to security decisions.

Algerian-born Muslim cleric Abdul Nacer Benbrika stripped of his citizenship by Australia after convicted of terrorism

Benbrika was convicted of directing a terrorist group, and possessing material associated with planning of a terrorist attack in Australia

Fact-check: No, the government has not issued Rs.1,30,000 to the citizens towards Covid-19 funding

Fake message circulated claims that govt of India has issued Rs.1,30,000 to every citizen above the age of 18 as Covid-19 funding

Fact Check: Did Arfa Khanum Sherwani eat the goat she was petting in the photographs she posted?

Arfa Khanum Sherwani took social media by storm after she posted photographs of herself with a beautiful white goat.

Indian Navy inducts two American Predator drones on the lease, can be deployed on India-China border for surveillance

The Predator drones has been leased from a private company for one year, India plans to purchase 18 such drones from USA

Reservations for SC Christians: How it could affect the prospects of Dalit Hindus

There have been several calls for the inclusion of Dalit Christians in the reservation system meant for SC/St and OBC communities.

Forgotten daughter of Uttarakhand: Before Nirbhaya, girl working in Delhi was kidnapped, raped and brutally murdered in Haryana

In February 2012, a 19-year-old girl from Delhi was abducted, gang-raped, brutalised and abandoned to die at a mustard field in Haryana

UP: Woman given triple talaq for not bringing Rs 20 lakh and a car in dowry

The woman from Rampur has alleged that her husband and in-laws have been harassing her for not bringing Rs 20 lakhs and a car.

China comes to defend Pakistan after PM Modi accused the latter of harbouring terrorists

After PM Modi's remarks against Pakistan, China praised Pakistan for making positive contribution toward counter-terrorism cause

Cyclone Nivar is fast approaching Tamil Nadu, Puducherry and parts of Andhra: All you need to know

Cyclone Nivar is expected to his coastal states in next few hours, currently travelling at 11 KMPH, it may cause severe damage to houses, roads, crops, electricity and communications lines.

Connect with us

245,563FansLike
488,963FollowersFollow
20,200SubscribersSubscribe