ISLAMABAD: Indian RAW agent Kulbhushan Jadhav case in the InternationalCourt of Justice (ICJ) seems to be lingering long as new deadlines havebeen placed by the International Body and there are less chances of thecase being taken up in 2018.
ICJ has given new timeline to both Pakistan and India for filing anotherround of memorials in the case of convicted Indian spy Kulbhushan Jadhav,sources have revealed to The Express Tribune.
Sources revealed that the ICJ has set April 17 for India to file anothermemorial, while Pakistan will have to submit a counter memorial by July 17.
In view of the timeline, they also informed that there is little chancethat the hearing of the case will resume in 2018, adding that the two-monthsummer vacations of ICJ judges will start in August, and when it ended, thecourt will take up cases that have already been fixed before it.
Earlier, New Delhi sought time to file an additional memorial at the ICJ.Legal experts are, however, wondering why India is trying to unnecessarilydrag the matter.
While submitting a 1,700-page counter memorial in the ICJ on December 13last year, Pakistan rejected the Indian objection of not giving consularaccess to Jadhav, saying the provision of such access under the ViennaConvention is only for legitimate visitors, and not spies.
Pakistan said that since India did not deny that Jadhav was travelling withan assumed Muslim name, they have no case to plead.
India has repeatedly sought consular access to Jadhav, but Pakistan hasturned down its requests, citing a bilateral accord that does not permitsuch access to spies.
However, on December 25, Islamabad allowed Jadhav’s mother and wife to meetwith him on purely humanitarian grounds.
It was learnt that the government has also sought legal assistance from twotop lawyers of the country. The initial memorial was drafted by KhawarQureshi.
According to sources, Pakistan stated in the memorial that India did notexplain how a serving naval commander, operating under India’s spy agency –Research and Analysis Wing (RAW) – was travelling under an assumed name.This leads to only one conclusion, that India seeks consular access to theinformation he [Jadhav] had gathered, it added.
It said since Jadhav was on active duty, it is obvious that he was a spysent on a special mission.
“Only a state that adheres to legitimate actions can request the court tointervene in a matter between two states. A state which does not come withclean hands cannot get any relief,” Pakistan contended.
Pakistan further said that sending Jadhav for espionage and fundingterrorist activities were some of the reasons that disentitle India frominvoking jurisdiction of the ICJ.