ISLAMABAD: The International Court of Justice (ICJ) will resume on February 18 public hearing in Indian spy Kulbhushan Jadhav’s case that was initiated by New Delhi against Islamabad in order to get consular access to its incarcerated citizen.
India claims that Jadhav was apprehended on trumped up charges.
The Pakistani delegation that will argue the case in the UN court, left for The Hague on Friday.
According to the court’s schedule, the public hearings in the case will commence from February 18 till 21 in The Hague. Attorney General Anwar Mansoor will lead Pakistani delegation while Harish Salve represents New Delhi in the world court.
Salve is expected to argue first on February 18 followed by English Queen’s Counsel Khawar Qureshi making submissions on February 19 from Islamabad’s side.
An Indian naval official, Commander Kulbhushan Sudhir Jadhav, was arrested by Pakistan in March 2016 from the impoverished and rebel-infested Baluchistan province during a counter-intelligence operation.
Islamabad claims he confessed to his involvement in subversive activities and espionage against Pakistan working for India’s premier intelligence agency, Research and Analysis Wing (RAW).
Placed on trial by a military court in Pakistan, Jadhav was found guilty and sentenced to death a month later.
India, however approached the world court in May 2016, invoking the 1963 Vienna Convention on Consular Relations. Subsequently, the court passed an order directing Pakistan to stay the execution, pending a final decision.
Islamabad has made Jadhav’s statements public, but New Delhi has countered that the officer is retired, that he was kidnapped from Iran, and that he had been made to confess under duress to fabricated charges.
“We will accept the final decision of the ICJ,” a senior foreign office official said, adding “there are more charges of terrorism and sabotage that he will be charged with after the court’s judgment.”
It may be recalled that Pakistan gave access to Jhadav’s family on humanitarian grounds in December 2017. Officials say Islamabad would be willing to entertain a request in future if his family submits an application to meet the ill-fated spy.
“There are specific instances (of terrorism) that he has confessed to and those cases against him are pending” but India needs to answer six key points of Pakistan against its demand to ICJ to order for the return of Jadhav, the official explained to Arab News.
In a special handout given to Arab News, Pakistan argues that India failed to provide evidence that Jadhav was kidnapped. It also failed to explain why and when the officer retired and why he was in possession of an authentic Indian passport under a false cover Muslim name. Why is India demanding his return pending an international court decision, another question Islamabad raised? Consular access cannot be granted to a person implicated in national security matters under the 2008 Agreement on Consular Access between both sides, argues Pakistan.
India will scheduled to respond to submissions from Pakistan’s side before the ICJ on February 20 and the closing argument by Pakistan will be presented the day after. Islamabad expects the ICJ may deliver its final decision by summers this year.
Jadhav case: Pakistan, India to face off in ICJ on Monday
Jadhav case: Pakistan, India to face off in ICJ on Monday
- Pakistani delegation to argue case in UN court left for The Hague on Friday
- ‘Will except the final decision of the ICJ,’ Pakistan says
Imran Khan’s party seeks ‘confidence-building measures’ after government’s talks offer
- PTI says access to jailed founding leader essential for talks to be considered credible
- Government says it’s ready for dialogue but nothing will happen until Khan favors the idea
ISLAMABAD: Pakistan’s jailed former prime minister Imran Khan’s party said on Saturday it would only consider the government’s offer for talks credible if it is accompanied by “concrete confidence-building measures,” such as unhindered access to its founding leader in a high-security prison in Rawalpindi.
Last month, Prime Minister Shehbaz Sharif said the government was fully prepared to hold a dialogue with Khan’s Pakistan Tehreek-e-Insaf (PTI) party to address political polarization that has deepened since the downfall of the PTI administration in a parliamentary no-confidence vote in 2022.
PTI has frequently complained about a state crackdown against its top leadership, including Khan and his wife, who are serving prison sentences in multiple cases ranging from corruption charges to inciting violence against state institutions and attacks on government properties.
Sharif’s offer for talks came amid media reports that PTI wanted a dialogue with the government, though he noted that negotiations would not be allowed to proceed on the basis of “blackmailing” or unlawful demands and would only cater to legitimate issues.
“Announcements of talks, without concrete confidence-building measures, cannot be treated as credible progress,” Azhar Leghari, PTI’s central deputy information secretary, told Arab News.
He recalled that Khan had authorized Mahmood Khan Achakzai and Allama Raja Nasir Abbas to carry forward with the dialogue process, adding that talks “require trust, and trust cannot be built at the cost of constitutional rights or democratic legitimacy.”
“For dialogue to be meaningful, it is essential that these authorized representatives are allowed regular and unhindered access to Imran Khan so that any engagement accurately reflects his views and PTI’s collective position,” he added.
Khan’s family, party and legal team have complained in the past they are stopped by the authorities from meeting the ex-PM in prison. Last month, they also raised concerns about his health, prompting the officials to allow one of his sisters to meet him, who said he was fine.
Shortly thereafter, a scathing message was posted on his social media account, criticizing the army chief. Khan’s post elicited a bitter response from the government and the military amid accusations of inciting people against state institutions.
Leghari’s comments came only a day after Rana Sanaullah, adviser to Prime Minister Sharif on political affairs, said PTI’s “second- or third-tier leadership” wanted dialogue, but nothing was going to happen until Khan favored these negotiations.
He also maintained that while the government was ready for talks, “uncertainty and delays from PTI are preventing progress.”
Meanwhile, a newly formed National Dialogue Committee of former PTI leaders told Arab News it had organized a session on Wednesday, January 7, in the federal capital that will bring together all major political parties, journalists, lawyers and representatives of civil society.
“Our goal is to bring political leaders together so that, while discussing their own issues, they can collectively seek solutions to the nation’s challenges,” Mahmood Baqi Moulvi, a Pakistani politician and member of the committee, said.
“The initiative also builds on previous efforts, including a letter to the prime minister requesting confidence-building measures to enable talks with PTI,” he added.
The National Dialogue Committee had urged the government in the letter to grant parole to jailed party figures in Lahore, including former foreign minister Shah Mahmood Qureshi and Dr. Yasmin Rashid, describing the move as vital for building trust ahead of negotiations.
It had also maintained such a step “would not only create an extremely positive, conducive, and trust-filled environment for the negotiations but would also lay a strong foundation for restoring mutual confidence among all stakeholders.”
While the government has also offered dialogue in the past, PTI leaders have conditioned participation on substantive measures, including what they describe as an end to politically motivated prosecutions and arrests, restoration of fundamental rights, respect for judicial independence and a credible roadmap toward free and fair elections.
“Reconciliation is possible, but it must be based on correcting injustices rather than managing optics,” Leghari said. “A genuine reset requires restoring respect for the Constitution, ending political victimization and allowing democratic processes to function without interference.”
Rana Sanaullah and Deputy Law Minister Barrister Aqeel Malik did not respond to requests for comment.
