Delhi HC refuses to intervene in Kulbhushan Jadhav’s release
The Delhi HC said any directions by it could jeopardise the steps being taken by the Indian government for the release of Kulbhushan Jadhav, currently lodged in a Pakistani jail
New Delhi: The Delhi high court on Wednesday refused to intervene in a plea for the release of Indian national Kulbhushan Sudhir Jadhav, currently lodged in a jail in Pakistan.
A bench headed by acting chief justice Gita Mittal said its decision was based on the submission of additional solicitor general Sanjay Jain, explaining that the Indian government was taking appropriate steps to safeguard the life and liberty of Jadhav.
“It would be inappropriate to have a matter of this nature be heard in an open courtroom. Any directions by the court could jeopardise the steps being taken by the Indian government on the issue," said Justice Mittal.
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The court was hearing a public interest litigation (PIL) brought by Rahul Sharma, a social activist, who sought directions to the Centre to seek consular access to Jadhav, who Pakistan claims is an Indian spy.
The plea said he had been illegally detained by the Pakistan government and denied a fair trial.
Holding that it was essential that secrecy be maintained in the matter, the court added that it was presumptuous of the petitioner to think that there can be a straightjacket formula for such matters.
The petitioner said by refusing to provide consular access to Jadhav, the Pakistan government had violated obligations undertaken under the Vienna Convention on Consular Relations (VCCR), 1963 and international law.
He added that the Centre must challenge violations of international law by the Pakistan government by taking recourse to the International Court of Justice.
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