There is no priority higher than the prevention of terrorism_ John Ashcroft
India has sabotage Pakistan at heterogeneous occasions but they will never succeed in their nefarious delineation. India is the “mothership of terrorism “.
Since 2003, Pakistan has lost over 50,000 civilians in the war against terrorism and terrorism possess conspicuous threat to the people of Pakistan. During 2009, the wave of terrorism peaked in Pakistan then it has desperately declined after the military operations conducted by great Pakistan Army. According, to south Asian Portal Index, terrorism in Pakistan has declined by 87 % in 2017. The supreme and esteemed report published by Brown University Watson Institute for International and Public Affairs, 23,372 Pakistani civilians and 8,832 Pakistani security personnel were killed in war on terrorism. Moreover, Pakistani government expressed that the direct and indirect economic costs of terrorism to combat was total $68 billion from 2002 _ 2010.
The Research and Analysis wing (RAW) Intelligence agency of India has been involved in planning, grooming and disseminating terrorist activities against the unsullied and innocent people of Pakistan. Raw has also been involved in providing communications support to its spies’ operating in Baltistan to destabilize Pakistan, to create proxy war in Pakistan, to proceed terrorist activities on the soil of Pakistan. Indian spy Kulbushan Jadhav is the illustrious and paramount living exemplification of it. Raw is involved in fanning and financing terrorism in Pakistan and sabotage peace with in the region. Pakistan itself was a victim of terrorism and fighting a triumphant war against the menace. Pakistan strongly condemn the terrorists activities planned and executed by an Indian spy on their soil. She has paid the highest price in the world to combat this cancer.
Walter Laqueur once expressed that: Terrorism constitutes the illegitimate use of force to achieve a political objective while targeting innocent people.
Jadhav`s fate is only in the bilateral relationship of both countries. India has been exposed across the globe either if its jadhav, Pathankot, pulwama, or current airstrikes and pinchbeck assertions and pretensions left them for nowhere
Deplorably, the two nuclear armed neighbours have a long history of diplomatic ructions and customarily accuses each other of sending spies to their territories. In contrast, in past, Pakistan has leaked the press that affirmed the names of putative Indian spies working in Indian High Commission in Islamabad. However, Pakistan has proved this accusation in to reality this time. India misrepresented at every stage, in 2016,KulbushanJadhav was arrested from Balochistan and confessed about his malapropos activities against Pakistan. Whereas, India has feignedly and fallaciously argued that he was kidnapped from Iran and has been tried on “concocted charges”.
In 2017, Pakistan`s competent and proficient military courts incriminated Jadhav with espionage, terrorism and sentenced him to death. Soon afterwards, India approached the ICJ and Pakistan was unable to carry out the death sentence.
New Dehli claimed that Islamabad has violated Vienna convention on Consular Relations and didn’t allow Jadhav a consular access and it was breach of Article 36 of the Vienna convention; which explicitly states that “foreign nationals who are arrested or detained be given notice without delay of their right to have their embassy or consulate notified of that arrest.”
The question of law being considered by the court was whether in the espionage cases the 1963 Vienna Convention on consular Relation applies? Argued by Pakistan. India argued that Denial of consular access to jadhav was a breach of obligation under the convention. The ICJ held that India is entitled to enjoy the consular access for Jadhav and Pakistan`s argument on the denial of access as incongruent with the VCCR .
On other hand, Islamabad has challenged New Delhi`s gross and undiminished stance at ICJ that Jadhav is an Indian spy who illegally entered Pakistan to sabotage the country’s interests and therefore he was not permitted consular accessin correlation to Vienna Convention. Pakistan significant argument was that New Delhi has nothing cogent to challenge Pakistan’s view and by knocking the door of ICJ New Delhi welcomed the world to know their grievous and vexatious history of espionage, spying and clear involvement of destruction against neighbours.
ICJ has accepted that Pakistan has complied by notifying India straight after arrest in accordance with Vienna Convention on Diplomatic Relation but unfortunately Pakistan failed by denial of consular access.
The ICJ rejected the India’s request of annulment of Pakistan Military Court conviction and sentence. In other words ICJ agreed with the decision of the military courts. The annulment of conviction can only be consider through valid petition to Chief of Army staff or to the president of Pakistan.
India demanded from ICJ to declare Pakistan`s Military court conviction and sentence of Jadhav is in the violation of International law. ICJ declared Military courts conviction and sentence were not in violation of international law but Pakistan`s only denial to consular access was in violation of international law. India also demanded release of jadahav and permit him safe passage. ICJ did not order as such release. Pakistan is only bound to provide consular access under Article 36 of international law. After consular access ICJ has place an obligatory duty on Pakistan to provide Jadhav a fair judicial hearing before the civil court of law and allow him a solicitor of his choice. No remedy has been granted to India by ICJ. In realistic manner, what they had wanted has not been granted. With concentration, it is not incorrect to say that the ICJ’s endorsement of Pakistani counsel’s submissions that Jadhav is indeed a spy and a terrorist making Jadhav the first internationally designated terrorist from India. He is the first UN organ [ICJ] designated terrorist. Hypothetically, it is rational conclusion to be deduced from the ICJ’s refusal to grant his acquittal and return to India. The ICJ agrees that Pakistan has reasonable merits in claiming Jadhav to be a terrorist.
It is pivotal to consider that Jadhav`s conviction and sentence are not in violation of convention and effective review to carried out is left on the choice of Pakistan. Therefore, Pakistan won this historic case. Islamabad and Dehli must move forward with maturity and avoid hindrance in judicial process. Progressive diplomacy is required to maintain effective relations. If India will not leave rigid attitude behind the bars, also if she will not stop the proxy war through their glove puppets against Pakistan then they will keep getting surprises, India should better leave this rigid policy for the prosperity of the region. I utterly believe that Islamabad will never consider the release of Jadhav, whereas, consular access have already been allowed and it might restrain the state from carrying out the death sentence. Jadhav`s fate is only in the bilateral relationship of both countries. India has been exposed across the globe either if its jadhav, Pathankot, pulwama, or current airstrikes and pinchbeck assertions and pretensions left them for nowhere.
The writer is a Barrister at law in UK