The Hague-based International Court of Justice (ICJ) is hearing the oral presentation in the case of Kulbhushan Jadhav, the alleged Indian spy sentenced to death by a Pakistani military court.

An Indian legal team led by former Solicitor General Harish Salve is already in the Hague.

The day-long hearing, which began on Monday morning, involves two sessions of an hour-and-a-half each to India and Pakistan to make their cases.

The former Indian Navy officer was awarded the death sentence by a Pakistani military court last month, a year after he was arrested on espionage charges.

India says Jadhav has been kidnapped and framed. Islamabad has rejected 16 Indian requests for consular access to Jadhav, who is held at an unknown prison in Pakistan.

Live updates of  Kulbhushan Jadhav death sentence hearing

 

 

07: 23 PM IST | The court says that they will observe both the parties and submit the matter in some time. Though no time frame has been quoted, the court said that the ruling will be done in a public sitting and India and Pakistan will communicated well in advance. 

07: 15 PM IST | Pakistan’s counsel QC Khawar Qureshi rests his case calling the hearing as “not necessary”.

07: 13 PM IST | India has been unable to provide an explanation for Jadhav’s passport that has a Muslim name: Pakistan

07: 08 PM IST | ICJ is not a criminal court. There is no need for ICJ to hear  Kulbhushan Jadhav matter on an urgent basis: Pakistan

07: 05 PM IST | Pakistan cites the 1999 case where a Pakistani place was shot down by India. Pak counsel QC Khawar Qureshi says that the matter was heard as a matter of internal security.

06: 59 PM IST | We are not bound by ICJ in matter of national security: Pakistan’s counsel QC Khawar Qureshi

06: 52 PM IST | India is not willing to explain the passport of Jadhav, where he has a Muslim name. Jadhav came to Pakistan from Iran. He was arrested in Balochistan: Pakistan

06: 49 PM IST | It is important for the world to see Jadhav’s confessions on tape. Video is a vital evidence: Pakistan

06: 45 PM IST | Jadhav has confessed to his crime. He was a terrorist aided by India. We wish to stay in peace with our neighbors: Pakistan

06: 40 PM IST | India has a been provided with the copy of the passport of Kulbhushan Jadhav. India is using international court as a stage for political theater: Pakistan 

06: 30 PM IST | Pakistan presents its case in Kulbhushan Jadhav death sentence case. Pakistan’s counsel QC Khawar Qureshi will present the oral presentation.

06: 25 PM IST | Earlier, India on Monday demanded before the International Court of Justice (ICJ) that Pakistan annuls the death sentence of alleged spy Kulbushan Jadhav and see that he was not executed as his trial was held under “farcical” circumstances in violation of the Vienna Convention.

“I urge the ICJ to ensure that Jadhav is not executed, Pakistan reports to this court that the action (of not executing him) is taken and that no action is taken that might prejudice the rights of India in the matter of Jadhav,” noted lawyer Harish Salve submitted in his over hour-long presentation before ICJ President Ronny Abraham in the Hague.

The ICJ had last week stayed the execution of Jadhav on a petition by India, which approached the UN court after 46 years on an issue with Pakistan.


— The Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America), more commonly the Avena case (French: Affaire Avena), was a case heard before the International Court of Justice (ICJ). In its judgment of 31 March 2004, the Court found that the United States had breached its obligations under the Vienna Convention on Consular Relations in not allowing legal representation from the Mexican consulate to meet with Mexican citizens arrested and imprisoned for crimes in the United States: Wikipedia (Case quoted by Salve) 

— Salve cites the example of US, Mexico and Nicaragua

— Jadhav’s execution will cause irreparable damage: Salve at International Court of Justice

— The situation we find ourselves in is grave and urgent: Salve 

— Pakistan had refused to communicate to the consular officer: Salve

— India has made innumerable request for consular access: Salve

— Harish Salve approaches bench after VD Sharma 

— Pakistan failed to comply with provisions under Article 36: Sharma

— VD Sharma makes his submissions after Deepak Mittal.

— Pakistan denied the right for Jadhav to be defended by a consular access of his choice: Mittal

— Basic Human Rights thrown to the wind: Deepak Mittal 

— Deepak Mittal from India initiates oral pleading to elaborate Kulbhushan Jadhav’s innocence. 

— Involving parties in the case have been directed to adhere to the merits of the case. 

— Registrar at ICJ reads the pleas made by India in ICJ 

— India is seeking immediate suspension of the death sentence awarded to Kulbushan Jadhav. 

— “We may have a hearing on Monday…,” Salve said, after India won the stay over Jadhav’s death sentence at the ICJ last week.

— India is scheduled to first argue its case. This would be followed by arguments from the Pakistan team led by Attorney General Ashtar Ausaf.

The Indian team is expected to focus on the violations of the Vienna convention by Pakistan on the issue of denying consular access to Jadhav, and on the lack of transparency in the Pakistani military court, which India said was “illegal”.

India moved the ICJ last week to save Jadhav after Pakistan denied consular access despite 16 requests.

Pakistan has said the Indian move to approach ICJ was an attempt to divert attention from “state-sponsored terrorism in Pakistan” and that it was analysing the ICJ’s authority in the matter.

First Published | 15 May 2017 11:56 AM
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