Public hearings in the International Court of Justice in the Kulbhushan Jadhav case has begun at The Hague
Public hearings in the International Court of Justice (ICJ) in the Kulbhushan Jadhav case has begun at The Hague.
The hearings which started from Monday saw both India and Pakistan presenting their arguments before the top UN court, which was set up after World War II to resolve international disputes.
Kulbhushan Jadhav, 48, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.
However, India moved the ICJ in May the same year against the verdict which is called a "farcical trial".
On May 18, 2017, a 10-member bench of the ICJ had restrained Pakistan from executing Jadhav till adjudication of the case.
Currently, the International Court has set a timetable for the public hearing in the case from February 18 to 21 in The Hague and Harish Salve, who represents India and Jadhav in the case, argued first on February 18.
February 19 is Day 2 of the case. As the hearing began on Tuesday, Pakistan's Attorney General Anwar Mansoor Khan, first submitted his arguments in the case before International Court of Justice.
And now, Pakistan lawyer Khawar Qureshi is putting forward his arguments.
Here are the latest updates:
1. Kulbhushan Jadhav
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Kulbhushan Jadhav, a Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017
2. Four-day public hearing
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The public hearing on the Kulbhushan Jadhav case in the International Court of Justice (ICJ), in The Hague, Netherlands began on February 18.
India and Pakistan are set for a showdown at the ICJ for the four-day public hearing which started yesterday and shall go on till February 21
3. Jadhav denied his rights under the Vienna Convention
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On Day 1 of the hearing, former Indian solicitor general Harish Salve, who is representing India and Jadhav in the case told the international jurists' panel how an Indian civilian was tried by 'judges' of a military court with no legal or judicial background.
Salve also said that Jadhav was denied his rights under the Vienna Convention under a procedure that fell far short of the minimum standards of a fair trial by any national or international standards
4. 13 requests to consular access denied
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While stressing over the flouting of the Vienna Convention, India submitted that a foreign detainee is required to be given consular access, right to a fair trial, and impartial justice by a process which affords fairness, independence, and impartiality.
In the case of the Indian Naval officer, however, Salve pointed out that the trial was far from just as 13 requests to consular access have been denied.
India also put forth that even the date of arrest is 'not known'
5. Pakistan's response on consular access
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Pakistan had rejected India's plea for consular access to Kulbhushan Jadhav, claiming that New Delhi wanted the access to the information gathered by its "spy" Jadhav.
However, Pakistan, in 2017, had facilitated a meeting of Jadhav with his mother and wife in Islamabad.
They were allowed to interact through a glass screen, where Jadhav was sitting on one side of the glass while his mother and wife sat on the other side. They spoke through an intercom
6. Pakistan on Vienna Convention
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Pakistan through its counter-memorial told the ICJ that the Vienna Convention on Consular Relations 1963 applied only to legitimate visitors and did not cover clandestine operations.
Pakistan had said that "since India did not deny that Jadhav was travelling on a passport with an assumed Muslim name, they have no case to plead."
Pakistan also said that India did not explain how "a serving naval commander" was travelling under an assumed name.
It also stated that "since Jadhav was on active duty, it is obvious that he was a spy sent on a special mission".
7. Pakistan claims it arrested Jadhav from Balochistan
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Pakistan claims that on March 3, 2016, its security forces arrested Kulbhushan Jadhav from restive Balochistan province after he reportedly entered from Iran
8. India maintains Jadhav was kidnapped
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On the other hand, India maintains that the Naval officer was kidnapped from Iran where he had business interests after retiring from the Navy
9. Hearing to resume today at 2.30 pm
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The ICJ was adjourned at 5.30 pm on Monday, and it will resume at 2.30 pm IST on February 19 for Pakistan's arguments.
According to the ICJ's timetable for the public hearing in the Kulbhushan Jadhav case, Harish Salve, who represents India, argued first on February 18.
The English Queen's Counsel Khawar Qureshi will make submissions on February 19 from Islamabad's side. Then India will reply on February 20 while Islamabad will make its closing submissions on February 21
10. Day 2 of the hearing begins
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Day two of hearing in Kulbhushan Jadhav case begins.
Pakistan's Attorney General Anwar Mansoor Khan is submitting his arguments in the case before International Court of Justice
11. Anwar Mansoor Khan's argument
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In his arguments, Khan says, "We wish to make it absolutely clear that we remain committed to peaceful resolution. Pakistan is a major victim of terrorism. Pakistan has suffered more than 74,000 casualties and fatalities caused mainly by the interference by our neighbour"
12. 'Kulbhushan Jadhav tried to create anarchy in Pakistan'
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Pakistan alleges that RAW entered Pakistan to "create unrest" in Balochistan and the Sindh province.
Anwar Mansoor Khan also said, "Jadhav carried out bombings, targetted operations, and unlawful activities to create anarchy in Pakistan and target the Pakistan-China Economic Corridor"
13. 'India never established Jadhav is an Indian, his immediate release outlandish'
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Pakistan lawyer Khawar Qureshi is now putting forward his arguments.
"India has failed to explain why Commander Jadhav was allowed to travel for 17 times on fake passport. India never established that Jadhav is an Indian national," he said. Pakistan also said India was using Afghanistan as another front for terrorism.
He also claimed that Jadhav's immediate release is outlandish.
Qureshi further raises some questions. "When did Jadhav retire and at what age? What evidence is there that Jadhav retired from the Armed Forces? Why was he is possession of an authentic Indian passport with a cover name?"
14. 'Clear evidence India used Jadhav to wreak havoc in Pakistan'
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Pakistan lawyer Khawar Qureshi continues his arguments at the ICJ. "There is clear, compelling evidence that India used its agent (Jadhav) to create terror and destruction and wreak havoc in Pakistan," Qureshi says.
The court then adjourned for a 15-minute break.
Later Qureshi said that the burden of proof has shifted to India to prove or disprove the passport issue.
"India is guilty of egregious conduct of providing Jadhav with a passport and travel documents," he says.
Qureshi is referring to the distortions in India's filings
