23
Monday
September 2019
8:07 AM IST
News Headlines
Four held in Kerala for honey trapping NRI bizman        Minor girl sexually assaulted for over 2 yrs in Kerala, two        De Kock leads SA to nine-wicket win, Kohli’s move backfires        Over three-fourths of J&K population supported Art 370 abrogation: Rajnath Singh        PM Modi meets Kashmiri Pandits in Houston, assures them of New Kashmir        Miley Cyrus, Kaitlynn Carter split after month of dating        Sean Bean thinks Richard Madden would be perfect as next Bond        Had to get my game together for 'Turram Khan': Nushrat Bharucha        Andy Murray says 'naive' to think he will return to top        Try best not to let criticism get to me: Shraddha Kapoor        Ker HC strikes down college hostel rule prohibiting mobile use        Govt accepts resignation of Madras HC Chief Justice V K Tahilramani        Babri Masjid demolition case: Special CBI court issues summons to Kalyan Singh        We are committed to meet India's energy security needs: Saudi Arabia        Experience more relevant than what you learnt 35-40 years ago: Das on his history background        Petrol price jumps Rs 1.59/ltr, diesel Rs 1.31/ltr after Saudi attacks        Typhoon heads to northeast Japan after some damage in south        US likely to escalate trade war with China if no deal is agreed soon: Trump's advisor        EU's Juncker says not too late for Brexit deal        Apna Time Aayega, says team `Gully Boy'        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | About Deepika 
International News
Salve exposes Pak military courts at ICJ, says judges don''t even need law degree
 
The Hague, Feb 18 (PTI): India on Monday tore through the "opaque proceedings" of Pakistani military courts which try civilians against the international norms, saying the judges, who tried Indian national Kulbhushan Jadhav, are not required to have judicial or legal training or even a law degree. India''s plea at the International Court of Justice came as the top UN court began a four-day public hearing in the case of Jadhav, 48, who was sentenced to death by a Pakistani military court on charges of espionage.

Ex-solicitor general Harish Salve, who represented India, said that a foreign detainee has the right to life, the right to a fair trial and an impartial judiciary. "However, Pakistan has sentenced 161 civilians to death in their military courts in opaque proceedings in the last two years," Salve said. International standards require that military courts like all courts must be independent, impartial and competent, and must respect minimum guarantees of fairness, he said. "Pakistani military courts are not independent and the proceedings before them fall far short of national and international fair trial standards.

"Judges of military courts are military officers who are part of the executive branch of the government and do not enjoy independence from the military hierarchy," Salve said. He claimed that the judges of the Pakistani military courts are not required to have judicial or legal training or even a law degree, and they do not enjoy any security of tenure which are prerequisites of judicial competence and independence. "Jadhav''s trial by a military court hopelessly fails to satisfy even minimum standards of due process and should be declared unlawful," he said. Pakistan uses military courts to try civilians, and this was done by amending Pakistan''s Constitution, Salve said.

"The military courts have been reinstated even after European courts (International Commission of Jurists) have expressed their reservations with the idea. They have emphasised the idea that military courts should only restrict to military trials, and civilians should not be tried in them at all," Salve said. India submits that military courts of Pakistan cannot command the confidence of this court and should not be sanctify by a direction to them to review and re-consider the case, he said. "I would invite this court to keep in mind the relief to be granted in the backdrop of the fact that his (Jadhav''s) trial has been conducted by a military court.

"Pakistan has knowing, wilfully and brazenly violated Article 36 of the Vienna Convention. Honourable judges, I respectfully submit that consequences must follow," Salve said, adding that the military court trial is unsatisfactory. The military courts were first set up in January 2015 for two years for speedy trial of militants after the 2014 Peshawar school attack that killed nearly 150 school children. Their tenure was extended for another two years in March 2017. The Pakistan Tehreek-e-Insaf government of Prime Minister Imran Khan has shown willingness to give another term to the army-run courts but it needs the support of the opposition as the courts were created after an amendment in the Constitution which can be done by the support of two-third of lawmakers.

In the four years, they have been in operation, military courts have convicted 617 people for terrorism-related offences, out of which 346 people have been sentenced to death and 271 people have been given prison sentences. At least 56 people have been hanged. Only four have been acquitted, according to Pakistani media reports. The primary concern of critics was the mystery surrounding military court trials: no one knows who the convicts are, what charges have been brought against them, or what the accused''s defence is against the allegations levelled.


Typhoon heads to northeast Japan after some damage in south
US likely to escalate trade war with China if no deal is agreed soon: Trump's advisor
EU's Juncker says not too late for Brexit deal
Netanyahu''s rival Gantz says he should be PM in unity government
Tunisia''s ex-president Ben Ali dies in exile
Israel election: Netanyahu trails by a seat with majority votes counted
MODI Pak refuses India''s request to open airspace for PM Modi citing ''situation in Kashmir''
Taliban kill at least 48 in bloody day ahead of Afghan polls
Pompeo heading Tuesday to Saudi Arabia over Iran tensions: Pence
Trump to join Modi in Houston to address 50K Indian-Americans, says White House
Car bomb kills 11 civilians in northern Syria: monitor
Hong Kong returns to violence with tear gas and Molotovs
36 people missing after boat sinks in Congo river: DRC police
Underfire PM calls up Hulk, claims 'huge' Brexit progress
Former PM Cameron 'sorry' for Brexit divisions
Pakistani cleric Tahirul Qadri quits politics, resigns from party
Afghan government says elections first, peace deal after
Pak PM Khan may talk to President Trump twice during US visit
New Zealand tightens gun laws again after mosque massacre
India''s action in Kashmir threat to peace in region: Pak Prez By Sajjad Hussain
ENTERTAINMENT NEWS
Miley Cyrus, Kaitlynn Carter split after month of dating
 Los Angeles: Miley Cyrus and Kaitlynn Carter have gone their separate ways a little over a month aft  
Sean Bean thinks Richard Madden would be perfect as next Bond
Had to get my game together for 'Turram Khan': Nushrat Bharucha
Try best not to let criticism get to me: Shraddha Kapoor
KERALA NEWS
Four held in Kerala for honey trapping NRI bizman
 Kochi: Four people including a woman were arrested for allegedly honey trapping a Gulf-based NRI bus
Minor girl sexually assaulted for over 2 yrs in Kerala, two
Ker HC strikes down college hostel rule prohibiting mobile use
Government to rebuild Palarivattom flyover
NATIONAL NEWS
Over three-fourths of J&K population supported Art 370 abrogation: Rajnath Singh
 Patna: Article 370 was like a "canker" that bled Jammu and Kashmir, Defence Minister Rajnath Singh s
Govt accepts resignation of Madras HC Chief Justice V K Tahilramani
Babri Masjid demolition case: Special CBI court issues summons to Kalyan Singh
Chinmayanand arrested, says sorry for behaviour
Untitled Page
Rashtra Deepika LTD
Copyright @ 2019 , Rashtra Deepika Ltd.