Kulbhushan Jadhav could not have been tried a civil court because he is not a civilian is an explanation that was offered by Abdul Basit, Pakistan's high commissioner. This statement reeks of double standard as the same rule of law must be made applicable to all.
In the case of Sarabhjit Singh, the trial was held at the Lahore High Court followed by the Supreme Court. Singh had spent 22 years on the death row before he was killed at the Kot Lakhpat jail in 2013.
Take the case of Kashmir Singh who was first sentenced to death by a military court following which he was tried by a civil court. He was pardoned in 2008, 35 years after his arrest.
It is necessary to draw these comparisons because the agenda of Pakistan appears to be different in the case of Jadhav. Pakistan while reacting to the ICJ's verdict had said that it is upset that India is trying to make this out to be a case of human rights violations.
India's case on hand is that no consular access was granted. India further had sought that Jadhav must be given legal representation and at least put to a fair trial.
Pakistan has been claiming time and again that it has enough evidence to suggest that Jadhav was carrying out subversive activities in Pakistan. If that is the case then why not produce the evidence and put him to trial in a court that is acceptable to civil society.
The Dawn reported that a case of transparency can be made out here and this is an opportunity for Pakistan to categorically prove India's subversive activities on its soil. A fair trial under the media's watch - as was the case with the Panama Leaks - would not only validate any punitive action against Jadhav, but also validate Pakistan's accusations against India in the public eye, the Dawn also wrote.
Sartaj Aziz, Pakistan Prime Minister Nawaz Sharif's adviser on foreign affairs had said that they have enough evidence to suggest that Jadhav is the one who sponsored attacks on Hazaras and Shia pilgrims in Balochistan. If this is the case then why is the Pakistan military reluctant to put the evidence forward and try him in a civil court in full media glare- assuming there are still fair media channels in Pakistan.