Tuesday, August 11, 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.

- Advertisement -

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

Gujarat: Loudspeaker permission granted by Bhuj Magistrate to Shiv Mandir after it was denied on grounds that coronavirus transmits to sound waves

Bhuj Magistrate has denied permission to use loudspeaker for the holy month of Shravan at a Shiv Mandir on ground that loudspeakers disperse the virus and will spread coronavirus.

The curious case of a ‘Hindi Supremacist’ Twitter account, its Islamist origins and links to widely followed Islamist accounts on the platform

Twitter user Shubham Tripathi which has been trying to fan communal tensions by making regionalist comments is probably run by an Islamist.

Ashok Gehlot reportedly offers to resign from the post of Rajasthan CM after Sachin Pilot’s return to Congress: Reports

Sachin Pilot had recently returned to Congress after meeting with former Congress President Rahul Gandhi

PTI spreads another fake news, misquotes PM Modi on coronavirus cases in India

Prime Minister Modi said that the percentage of active cases of coronavirus cases in India has come down and the recovery rate has come up.

NCP leader Ajit Pawar’s son Parth Pawar draws flak for welcoming the Ram Mandir and demanding CBI inquiry into the alleged suicide of actor...

The Maharashtra Minority Development minister, Nawab Malik dismissed Parth Pawar’s statements, saying the deputy chief minister’s son is young and inexperienced and that there’s no difference of opinions among the Maha Vikas Aghadi alliance members

Karnataka: Outrage across the state as raped minor commits suicide, family demands capital punishment for accused Basheer

The accused Basheer accosted the girl when she was going to a temple to pray for her ailing mother and molested and raped her

Recently Popular

Pakistan: Maulvi rapes child reading Quran in mosque in Sindh province, caught on CCTV

Muslim Cleric in Sindh province in Pakistan on the run after video of hem raping a child inside a mosque emerges, case registered

Who really is Binod? Read how one Youtube comment triggered a bizarre meme fest

The name 'Binod', which has now become the talk of the town and trending on Twitter, originated from a YouTube channel 'Slayy Point'

Reports claim Sushant Singh Rajput’s former manager Disha Salian’s post-mortem report says she was found nude after her death, Mumbai police deny the reports

According to the post-mortem report of Disha Salian, her body was found nude, which was not revealed by the police so far

Rhea Chakraborty leaks WhatsApp conversation to accuse that Sushant Singh Rajput considered his sister Priyanka as ‘pure evil’

Rhea Chakraborty tries to prove that Sushant Singh Rajput did not like his family, releases chat messages with him

Sushant Singh Rajput’s brother-in-law gives a befitting reply to toxic journalism of Shekhar Gupta’s portal

Sushant Singh Rajput's brother-in-law Vishal Kirti on Sunday slammed Shekhar Gupta and his portal for toxic journalism.

DU Professor Apoorvanand mastermind behind the Delhi riots conspiracy, says Delhi riots accused Gulfisha

DU Professor Apoorvanand had already warned the students that riots would ensue and asked them to be prepared with stones, bottles, acid, knives and dry chilli powder

Port Blair submarine OFC empowers islanders, boosts economy and checks China

PM Modi inaugurated the submarine optical fibre cable (OFC) which connects the Andaman and Nicobar Islands to mainland India.

Congress cites PTI’s misquoted tweet to further lies about PM Modi, deletes the tweet when called out

Congress party shared the PTI tweet that misquoted PM Modi to allege that the Prime Minister lied to the nation

Linkedin employee Sourav Paul vows to murder Brahmins, claims it is easier to kill instead of opposing them

LinkedIn Employee Sourav Paul was unapologetic about his vitriol and abused a person when his hatred towards Rama was pointed out.

Rhea Chakraborty called mysterious ‘AU’ 44 times, calls made before and after Sushant Singh Rajput’s death: Reports

Call records of Rhea Chakraborty show that she was in touch with someone whose contact number was stored in her phone with the initials 'AU'

Maharashtra CM’s son involved in Sushant Singh Rajput death case, says Bihar govt’s lawyer: Here are the full details

SC heard Rhea Chakraborty’s plea for the second time in connection with Sushant Singh Rajput death case today

Here is what Sachin Pilot said when an agitated Rajdeep Sardesai insinuated that his rebellion was sponsored by BJP

Sachin Pilot issued a sharp rejoinder after Rajdeep Sardesai suggested that the rebelling Congress MLAs were doing it at the behest of the BJP

Nobody in the family saw his body hanging, don’t trust Mumbai police: Father of Sushant Singh Rajput argues in SC

The Supreme Court has reserved the order in the death case of late actor Sushant Singh Rajput after hearing submissions made by the father

Meerut Police initiates action against a social media user for threatening activist and writer Nidhi Bahuguna

Nidhi Bahuguna was threatened by a social media user for recounting her ancestors’ ordeal in Muslim majority Pakistan

‘With the strength of your experience, our country will win this battle,’ PM Modi holds meeting with CM of ten states with maximum Covid-19...

PM Modi held meeting with Chief Ministers of ten states that contribute to 80% of Covid-19 cases on Tuesday.

The curious case of a ‘Hindi Supremacist’ Twitter account, its Islamist origins and links to widely followed Islamist accounts on the platform

Twitter user Shubham Tripathi which has been trying to fan communal tensions by making regionalist comments is probably run by an Islamist.

Connect with us