Jadhav's death sentence based on 'extracted confession', should be annulled: India tells ICJ

India on Wednesday questioned the functioning of Pakistan's notorious military courts and urged the International Court of Justice (ICJ) to annul Kulbhushan Jadhav's death sentence, which is based on an "extracted confession".

Jadhav, 48, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.

"Annul the decision of the military court and restrain Pakistan from giving effect to the (death) sentence. Release Jadhav and ensure safe release forthwith. If not then direct a trial under normal law with full consular access," said Deepak Mittal, Joint Secretary, the Ministry of External Affairs, making the final submission in the court on the third day of the hearing.

He requested the court to declare that Pakistan acted in breach of Article 36 of Vienna Convention and failed to inform Jadhav of his rights.

"Government of India requests this court to adjudge and declare that Pakistan acted in egregious breach of Article 36 of Vienna Convention," he said, asserting that Pakistan repeatedly denied consular access to Jadhav.

Harish Salve, who was representing India in the case, also said that the time has come for the ICJ to make Article 36 a potent weapon for protecting human rights.

"Jadhav has become a pawn in Pakistan's tool to divert international scrutiny from itself," Salve said in his arguments during which he mentioned the "dastardly" terror attack in Pulwama and another in Iran last week by Pakistan-based terror groups targeting security forces in both countries.

Salve said that Pakistan is used as a safe haven by UN proscribed terrorist entities like al-Qaeda, LeT, JeM, Haqqani Network et al and individuals like JuD chief Hafiz Saeed and underworld don Dawood Ibrahim.

"There was a time when the world respected Pakistan, today the world doesn't have the same respect for Pakistan in its own incarnation," Salve said, taking a dig at Pakistan's counsel Khawar Qureshi, who on Tuesday said 'he has great respect for India but not its present incarnation.'