Islamabad: Pakistani lawyer on Monday argued that International Court of Justice (ICJ) has no jurisdiction in the case of Indian national Kulbhushan Jadhav, convicted by Pakistan as a spy, according to the Vienna Convention.

Dr Muhammad Faisal, DG Foreign Office South Asia and Saarc, stressed this point presenting Islamabad’s stance on death sentence handed to Jadhav in the ICJ in The Hague, Netherlands. “Pakistan will not be cowed down by terrorists and utilise all legal means to safeguard its people and soil,” he said.

Pakistan’s counsel Khalid Qureshi, presenting Pakistan’s stance, raised three points: 1. The case of Indian spy was not an urgent one to invoke ICJ. 2. The relief that is sought by India for Jadhav is manifestly unavailable 3. The case does not come under the jurisdiction of ICJ.

“India has not provided any evidence to rebut that Jadhav is a terrorist,” Qureshi informed the court, stressing that Jadhav did not hold the right to consular access.

“Pakistan has concrete evidence of Jadhav’s involvement in subversive activities and he was sentenced in accordance with law,” he said, noting that Jadhav, an Indian RAW agent, was apprehended from Balochistan in March 2016.

The Pakistani counsel told the ICJ that Jadhav entered into Pakistan on a fake passport. “It is the responsibility of all states to punish a terrorist,” he added. “Kulbhushan Jadhav confessed to having conspired to fan terrorism inside Pakistan, while the passport, he was found in possession of, bore a Muslim name,” he said.

Senior Pakistani officials believe that Jadhav’s confession of his crimes against Pakistan is the crux of Pakistan’s case.

Dr Khalid Ranjha, a legal expert, said: “Municipal laws [local laws] cannot supersede international laws” which is precisely why Pakistan will follow its law according to which Jadhav has been sentenced to death. The case was not taken up in hurry as Jadhav was arrested in March 2016 and awarded death sentence in April 2017 after his confession and trials, which were reviewed and confirmed.

Criticising Pakistan’s arguments presented at ICJ, Babar Awan, politician and legal expert, said “Pakistan failed to highlight an important article at the hearing that ICJ has no jurisdiction to discuss the case unless both parties concerned agree to call upon ICJ on a particular case.”

Ali Sarwar Naqvi, a former diplomat, says “India is waging a propaganda war against Pakistan by taking the case to ICJ” which should not be appealed for cases of spies. “Jadhav was caught red-handed involved in activities of spying and terrorism and has been convicted after plenty of evidences against him. He has been awarded death penalty according to the law of Pakistan,” he contends.

Farooq Naseem, a legal expert, believes that Jadhav’s case depends on the jurisdiction of the ICJ. “If ICJ reserves its judgement then the case will continue. If ICJ dismisses the Indian application, then he case will be concluded.”