Justice (retd) Ali Nawaz Chohan, a former International Court of Justice (ICJ) judge, on Friday proposed a “trial de novo” for Indian spy Kulbhushan Jadhav and also suggested granting him consular access, ARY News reported.
Speaking exclusively to ARY News anchor Maria Memon, Chohan maintained that the best strategy for the country after the ICJ order staying Jadhav’s execution is that Pakistan should try him domestically and it could be a trial de novo (a new trial by a different tribunal) adding that the country should also not refrain from granting Jadhav consular access.
“Domestically trying him (Jadhav) would be a better option as we have resources and evidence and we should not object upon giving him counselor access,” added the former ICJ Judge.
He added that if Pakistan assures ICJ that it will comply with the provisional order in the case and will fulfill its obligations under the Vienna Convention and 2008 bilateral agreement between India and Pakistan which calls for granting consulor access then ICJ will not object upon dealing with the case domestically.
The International Court of Justice in its order in Jadhav’s case on May 18 said that Pakistan should not execute Jadhav until final decision of the court. and that Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision of the court.
The UN court also advised Pakistan to grant Jadhav consular assistance.
The hearing of the case was held on May 15, where India and Pakistan presented their arguments in the case pertaining to the death sentence awarded to the Indian spy in Pakistan.
India had instituted proceedings against Pakistan, accusing Pakistan of “egregious violations of the Vienna Convention on Consular Relations” in the matter of the detention and trial of Kulbhushan Sudhir Jadhav.
India had contended that it was not informed of Mr. Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights. It further alleged that, in violation of the Vienna Convention, the authorities of Pakistan are denying India its right of consular access to Mr. Jadhav, despite its repeated requests.