Pakistan claims on Kulbhushan Jadhav contradict facts in FIR: India in ICJ

Presenting its 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.” Representing India, senior advocate Harish Salve said: “Pakistan claims to have clinching evidence on the basis of articles in the Indian press. The story contradicts facts in Pakistan’s FIR.”

India has repeatedly asked Pakistan for a copy of the judgement that convicted Jadhav, the charges against him and the evidence, said Salve. But Pakistan has not yet shared them. “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,” Salve pointed out. “According to the case, once there is a probability that a detainee is a foreign national, consular access must be granted.”

“If Pakistan dearly believes his confession, why do they doubt his nationality,” asked Salve. Salve noted that if Jadhav had actually been involved in subversive activities, he would have been tried for espionage irrespective of whether he held an Indian passport or not. Responding to Pakistan’s questions about Jadhav’s nationality, 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.” The ICJ on Tuesday rejected Pakistan’s request to replace an ad hoc Pakistani judge who had suffered a cardiac arrest on the first day of the hearing.