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.
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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:
13 requests to consular access denied
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'
Pakistan's response on consular access
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
Pakistan on Vienna Convention
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".
'India never established Jadhav is an Indian, his immediate release outlandish'
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?"
'Clear evidence India used Jadhav to wreak havoc in Pakistan'
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