Harish Salve exposed how Pakistan has failed to show any proof and its actions are in gross violation of the Vienna convention.
India on Monday said the trial of its national Kulbhushan Jadhav by a Pakistani military court "hopelessly failed" to satisfy even the minimum standards of due process and requested the International Court of Justice to declare it "unlawful". India's plea came as the top UN court began a four-day public hearing in the case of Jadhav, 48, who was sentenced to death by a Pakistani military court on charges of espionage.
India, during the first day of the hearing, based its case on two broad issues -- breach of Vienna Convention on consular access and the process of resolution.
"It is an unfortunate case where the life of an innocent Indian is at risk," ex-solicitor general Harish Salve, who was representing India, said.
"Pakistan's story is solely based on rhetoric and not facts," he said, adding that Jadhav's continued custody without consular access should be declared unlawful.
Jadhav's trial by a Pakistani military court "hopelessly failed to satisfy even the minimum standards of due process", Salve said.
No "credible evidence" was provided by Pakistan to show his involvement in any act of terrorism and Jadhav's purported confession clearly appeared to be "coerced", Salve said.
"There is no manner of doubt that Pakistan was using this as a propaganda tool. Pakistan was bound to grant consular access without delay," Salve said.
Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.India first approached the ICJ on May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention on Consular Relations, 1963 by Pakistan by repeatedly denying it consular access to Jadhav.
A 10-member bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.The ICJ has set a timetable for the public hearing in the high-profile case from Febraury 18 to 21 at the Peace Palace in The Hague, the Netherlands.
While India argued first on February 18, Pakistan will get its chance to make submissions on February 19. Then India will reply on February 20 while Islamabad will make its closing submissions on February 21. It is expected that the ICJ's decision may be delivered by the summer of 2019.
Pakistan's Attorney General Anwar Mansoor would lead the Pakistani delegation at the ICJ while Director General South Asia Mohammad Faisal would lead the Foreign Office side.
Ahead of the hearing, a senior Pakistani official said that his country is committed to implement the decision of the ICJ in the Jadhav case. "We are fully prepared with our strongest evidence being the valid Indian passport recovered from Commander Jadhav with a Muslim name," the official said.
Both India and Pakistan have already submitted their detailed pleas and responses in the world court. Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. Jadhav's sentencing had evoked a sharp reaction in India.
Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its "spy". However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.
The hearings at the ICJ is taking place four days after one of the worst terror attacks in Jammu and Kashmir that killed 41 CRPF soldiers. The terror attack happened when a suicide bomber of Pakistan-backed Jaish-e-Mohammad (JeM) blew up an explosive-laden vehicle near a convoy of CRPF buses in Pulwama district on Thursday.
1. Pakistan has failed in its propaganda: Harish Salve
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In a scathing opening statement, Harish Salve exposed how Pakistan has failed to show any proof and its actions are in gross violation of the Vienna convention. India, during the first day of the hearing, based its case on two broad issues -- breach of Vienna Convention on consular access and the process of resolution.
"It is an unfortunate case where the life of an innocent Indian is at risk," ex-solicitor general Harish Salve, who was representing India, said. "Pakistan's story is solely based on rhetoric and not facts," he said, adding that Jadhav's continued custody without consular access should be declared unlawful.
"There is no manner of doubt that Pakistan was using this as a propaganda tool. Pakistan was bound to grant consular access without delay," He said India had sent 13 reminders to Pakistan for consular access to Jadhav, but Islamabad is yet to accede.
2. Jadhav's purported confession clearly coaxed: Salve
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Harish Salve said that India responded to the request for assistance in investigation on 19th June, 2017. He also pointed that not only Jadhav had been denied consular access but no credible evidence have been provided by Pakistan to show his involvement in any act of terrorism. India reminded Pakistan that it's Pakistan government which hasn't ratified SAARC convention on legal assistance in criminal matters.
He added, "His (Jadhav's) purported confession clearly appears to be coaxed."
3. 'Pakistan has not complied with treaty obligation'
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Harish Salve told ICJ, "Pakistan offered to allow Jadhav's family to visit him, the terms were agreed and the meeting was held on 25th December, 2017. India was dismayed at the manner the meeting with Jadhav's family was conducted and wrote a letter on 27 December marking its protest."
"Pakistan should've provided a substantial explanation for why it needed 3 months for providing consular access, upon which it could've claimed that it has complied with treaty obligation. Even on the erroneous premise that para 4 applies, Pakistan hasn't complied treaty obligations," he added.
4. When Namaste was enough
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One of the most memorable moments at the sidelines of the hearing came when Government of India's agent Deepak Mittal, who Joint Secretary in MEA, greeted Pakistan's AG Anwar Mansoor Khan with a namaste instead of shaking hands before the proceedings in Kulbhushan Jadhav case at the International Court of Justice.
5. Jadhav can not get justice in Pakistan: Salve
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In his final arguments, Salve said that Pakistan's conduct doesn't inspire confidence that Jadhav can get justice there. "Pakistan has in custody an Indian National who has been publicly portrayed to be a terrorist and Indian agent creating unrest in Balochistan. Pakistan used Jadhav to build a narrative against India," he added.
Harish Salve said: "India invites court to restrain Pak from acting on conviction on ground that it was secured by means which was in violation of Article 36 of Vienna Convention and in the present case, relief of review and re-consideration would be highly inadequate, considering facts and circumstances."
6. India demands ICJ to order Kulbhushan Jadhav's release
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India said that the military courts of Pakistan can not be trusted and asked the ICJ to annul Jadhav's conviction and order his release.
"India submits that military courts of Pakistan can't command the confidence of this court and shouldn't be sanctified by a direction to them to review and re-consider the case. India seeks annulment of Jadhav's conviction and directions that he be released forthwith," said Salve ending his argument,
7. Pakistan embarrassed to disclose charges against Jadhav: Salve
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During the hearing, Salve said Pakistan filed the FIR almost a month after the arrest of Jadhav. "In April 2016 and FIR was registered against Jadhav. In May 2016, Jadhav was interrogated, and India sent reminders for consular access across May, June, and July," Salve said. "India reminded Pakistan for consular access 13 reminders were sent but to no avail."
"Pakistan embarrassed to disclose charges against Jadhav," Salve said. Pakistan did not inform Kulbhushan Jadhav of his rights, he added.
