Pakistan, India brace for fresh clash at ICJ as Kulbhushan Jadhav case hearing resumes
Advocate Harish Salve made the following arguments before the panel.
- Pakistan did not disclose the date of detention and no documents of Jadhav's trial were provided.
- Jadhav’s continued custody without consular custody should be declared unlawful
- Pakistan has raised host of issues that have no relevance to the case
- India was dismayed with the manner in which Jadhav’s family met him
- Pakistan's allegations are disrespectful and baseless
- Proof of India's allegations that Jadhav was kidnapped from Iran.
- Record of Jadhav's retirement from the Navy as the spy is merely 47-years-old.
- How Jadhav was able to use a passport issued under fake credentials for entry to India 17 times. Uk expert confirmed that the passport was authentic.
- Why Jadhav did not file an appeal before local courts which grant a right to challenge the decisions under Article 199 of the constitution and why did India move ICJ directly to seek return of the commander.
- India failed to justify why both the countries should not invoke Agreement on Consular Access dated 21 May 2008 for consular access “on its merits”.
- India fails to explain why UK based Military Law experts are wrong when they say that Pakistan’s High Court and Supreme Court provide an effective review and reconsideration of the Military Court process.
In its subsequent replies, Pakistan has raised few key points that the international customary law gives exceptions to the cases involving spies and so consular access is revoked in such type of cases.
The legal team of Pakistan has also contended that the consular access is subject to scrutiny when it comes to matters of national security.
illegally in facilitating Commander Jadhav’s espionage/terrorism by providing him with the passport issued in name of 'Hussein Mubarak Patel'.
Fresh Round of Hearings
Indian representative advocate Harish Salve presenting arguments before ICJIndia will reply on 20 February 2019 (15:00-16:30 local time).
Pakistan will make its closing submissions on 21 February 2019
(16:30-18:00 local time).
The much-anticipated ICJ decision may be delivered by the summer of 2019.
Pakistan's Legal team
The legal arguments for the Government of Pakistan will be presented by English Queen’s Counsel Khawar Qureshi QC who also drafted the written pleadings.
The delegation is being formally led by the Attorney General of Pakistan, Anwar Mansoor.
Pakistan had already appointed its ad-hoc judge, former chief justice Tasadduq Hussain Jilani to the bench. Spokesperson Foreign Office, Dr Faisal is also accompanying the team.
The Court is now adjourned and will resume at 02:30 pm IST tomorrow (February 19) for Pakistan's arguments.
Who is Kulbhushan Jadhav?
After a confessional statement before a magistrate, he was sentenced to death by a military court in 2017.
Jadhav did not file an appeal against the sentence though Pakistani courts have in past overturned the verdicts handed down by military courts multiple times.
India filed a petition with the International Court of Justice seeking to overturn the conviction. India contended that Pakistan did not grant consular access to Jadhav - failing to justify why should a spy be granted the leverage.
ICJ Stays Execution
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