The UN has criticized lack of independence of Pakistan Military Court judges who are within military hierarchy and the practice of holding “closed trials” - The UN panel has asked Pakistan to “end the resort to military courts for terrorism-related prosecutions" - It has asked Pakistan to transfer criminal cases against civilian to civil court
Its really very strange and amazing that Pakistan has been asked by International court of justice [ICJ} to prosecute Kalboshan Jadhav through Civilian court instead military court.
What a mockery Pakistan being a constitutional state which has its own judicial system & keeping a constitutional book in place. It is being dictated by ICJ on the request of India that what to do and how to do & what is feasible for the county? Really shocking.
if it had happened in India & Pakistan would ask to proceed the case through civil court - Would India accept the request - of course NOT - as we have/ are experiencing Indian response well even today that how the war has been waged not only at LoC but in the country too.
As far as the military court it was constituted following National Action Plan with the consent of parliamentarians on board who decided to constitute military court to handle the high profile extremist & criminals cases.
Kalboshan Jadhav - an Spy who worked against Pakistan - a high profile Indian RAW agent who was awarded death sentence from Field General Court Martial (FGCM) being involved in espionage and sabotage activities in Karachi & Baluchistan.
Jadhav was tried by the FGCM under Section 59 of the PAA and Section 3 of the official Secret Act of 1923, the statement said.
Jadhav confessed before a magistrate and court that he was tasked by Indian spy agency Research and Analysis Wing to plan, coordinate and organize espionage and sabotage activities seeking to destabilize and wage war against Pakistan through impeding the efforts of law enforcement agencies for the restoration of peace in Baluchistan and Karachi, the ISPR said.
Jadhav admitted his involvement in terror activities in Baluchistan and Karachi. He was directly handled by the RAW chief, the Indian National Security Adviser and the RAW joint secretary - his goal was to disrupt development of the China-Pakistan Economic Corridor (CPEC) with Gwadar port as a special target.
At this juncture Pakistan must produce ICJ substantial evidences - the chain of audio & video tape - snap shots - and the documents the Military Intelligence team captured & unearthed from his possession. And also the statement of accomplice who were part of espionage and sabotage in the country with Jadhav..
Jadhav case is neither farcical nor opaque as Indian claims the action taken by Pakistan through its military court were conspicuous.
Pakistan being an independent & constitutional state must be blunt & aggressive clarifying its position before ICJ with the confessional statement of Jadhav.