Presenting its closing argument in the Kulbhushan Jadhav case at the International Court of Justice, The Hague, on Wednesday, India said Pakistan lacked any evidence against him, except an “extracted confession.”
Jadhav is on death row in Pakistan after being charged with spying for India in 2016. India had moved the International Court of Justice against the death sentence in May 2017, after which his execution was stayed.
India has time and again asked Pakistan to submit a copy of the judgement that convicted Jadhav, the chargesheet and the evidence collected, said Salve, but Pakistan has not yet shared them.
“The language echoed in this court… perhaps this Court may lay down some red lines. The transcript is peppered with words such as shameless, nonsense, disgraceful… India takes exception to being addressed in this fashion in an international court. Indian culture prevents me from similar language of… insult,” said Salve, strongly objecting to the language used by Pakistan during its submission.
“There would be no threat to security of Pakistan if it shares these documents,” he added. “Pakistan had relied on Avena case, but this goes against it; according to the case, once there is a probability that a detainee is a foreign national, consular access must be granted.”
Salve said Jadhav is an ex-Indian Navy officer, which is a proof of his nationality. “Unlike Pakistan, India has never needed to deny nationality of its nationals. Indian nationals are not the kind whose nationality needs to be denied.”
“As an old saying goes ‘When you are strong on law you hammer the law, when you are strong on facts you hammer the facts and when you are strong on neither you hammer the table’,” Salve said. “Bereft of a case, Pakistan has hammered the proverbial table.”
On Monday, the first day of the hearings, India had sought Jadhav’s release from a Pakistani prison. On Tuesday, Pakistan presented its arguments and claimed India was seeking relief for a terrorist, and urged the court to dismiss the case.