HC quashes plea on Jadhav, says Centre acting promptly

‘Respondents best placed to take decisions in matter’

April 20, 2017 01:34 am | Updated 01:34 am IST - NEW DELHI

The Delhi High Court on Wednesday refused to interfere in the issue concerning the release of death row convict Kulbhushan Sudhir Jadhav from Pakistani jail while believing that the Centre has reacted with promptitude at the highest level and does not call for discussion in an open courtroom.

The Bench said: “We have no doubt at all that the respondents are best placed to take the decisions as also all appropriate steps to safeguard the life and liberty of the citizens of this country”.

A Bench headed by acting Chief Justice Gita Mittal dismissed the petition filed by social activist Rahul Sharma seeking direction to the Centre to approach the International Court of Justice to provide consular access to Mr. Jadhav.

The Bench said there was no response from the petitioner as to how he was presuming that the respondents were not making their best efforts to secure the life and liberty of the Indian citizen and seek his release.

Sensitive matter

“We therefore, find no reason to disbelieve the submission made by the Additional Solicitor General when he informs this Court that every possible endeavour is being made by the Government of India to safeguard the life and liberty of its citizen,” the Bench said.

“We also note that the matters involved are of such sensitivity that it would be inappropriate and impermissible to have a discussion thereon in an open court room, especially about the efforts of the Government of India to secure justice for its citizens,” said the court.

Maintaining secrecy

“More importantly, any revelation regarding the efforts being made by the respondents may prejudice their success or frustrate the steps in this regard,” said the Bench. The court was also of the view that the petition appeared to be an attempt to seek disclosure of highly confidential matters regarding which secrecy has to be maintained for the obvious reason of ensuring the safety of the life and liberty of the Indian Citizen.

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