Kulbhushan Jadhav case: HC dismisses plea to approach ICJ

Posted April 20, 2017

Sources in the Foreign Office in Islamabad said that the issue of Jadhav is expected to be the focus of the meeting as India has been seeking consular access to its convicted citizen. The postponement was announced soon after India summoned Deputy High Commissioner of Pakistan to discuss the status of the case.

According to sources, the foreign secretary of Pakistan Tehmina Janjua is expected to meet Indian high commissioner Gautam Bambawale later in the day today.

Expressing disappointment over Pakistan repeatedly turning down India's request for consular access to Mr Jadhav, the Indian envoy had also said, "They have denied our request for consular access 13 times (in the last one year)".

New Delhi has also requested for Jhadav's medical certificate to be handed over to the Indian government and sought consular access to the convicted Indian spy.

A bench of acting chief justice Gita Mittal and Justice Anu Malhotra said it will pass an order on the petition, which the Centre said was "not a public interest litigation" and the government has already taken steps to secure Jadhav's release. "There can not be any intervention by this court", the bench said, adding that it does not want to interfere in the government's measures to secure the release+ of 46-year-old Jadhav from the Pakistani prison. He demanded that the Indian government challenge the violations of worldwide law by the Pakistan government in the ICJ.

"All steps are being taken by the government".

The court also noted that due to the sensitive nature of the issue, it would be "inappropriate and impermissible to have a discussion thereon in an open court room, especially about the efforts of the government of India to secure justice for its citizens".

Kulbushan Sudhir Jadhav was arrested on March 3, 2016, in Balochistan, which has seen a long-running conflict between Pakistani security forces and a militant separatist movement.

It also said that the petition appeared to be "an attempt to seek disclosure of highly confidential matters" regarding which secrecy has to be maintained for ensuring the safety of the life and liberty of the naval officer.

Yesterday, the Allahabad High Court disposed of a PIL with certain observations for the release of Kulbhushan Jadhav from Pakistan and his deportation to India.