The Delhi High Court on Wednesday dismissed a plea seeking direction to the government to approach the International Court of Justice (ICJ) for securing the release from Pakistan of alleged Indian spy Kulbhushan Jadhav.
A division bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra refused to interfere with the government’s steps being taken to secure the release of Jadhav, who has been sentenced to death by a special military court in the neighbouring country.
The bench said: “Every possible endeavour is being made by the government of India to secure the life of the citizen (Jadhav).. . the matter best deserves to be left to the expertise of the government. No intervention by us is called for.”
The plea had said an Indian citizen had been illegally detained and wrongly sentenced to capital punishment by a Pakistani military court without providing him a fair trial.
Pakistan has not made public copies of the chargesheet against Jadhav and the copy of the judgment sentencing him to death, said social activist Rahul Sharma who approached the court. In his petion, he demanded that the Indian government challenge the violations of international law by the Pakistan government by taking the matt er to the International Court of Justice
Jadhav, sentenced to death on April 10, faced seven charges including espionage and waging war against Pakistan. Islamabad has rejected Indian requests for consular access to Jadhav.