Kulbhushan Jadhav at ICJ Hearing: India Presents Final Arguments
India on Wednesday, 20 February, questioned the functioning of Pakistan's notorious military courts and urged the International Court of Justice (ICJ) to annul Kulbhushan Jadhav's death sentence, which is based on an "extracted confession".
During the first round of hearing, advocate Harsh Salve representing India had 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 ICJ to declare it "unlawful".
Jadhav, 48, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017.
- The ICJ has set a timetable for the public hearing from 18 to 21 February in The Hague
- Former solicitor general Harish Salve represents India while Pakistan will be represented by Barrister Khawar Qureshi
- The ICJ’s decision is expected to be delivered by the summer of 2019
"Jadhav's Death Sentence Based on Extracted Confession, Should Be Annulled": Deepak Mittal
India questioned the functioning of Pakistan's "notorious military courts" and urged the ICJ to annul Kulbhushan Jadhav's death sentence, which is based on an "extracted confession".
"Annul the decision of the military court and restrain Pakistan from giving effect to the (death) sentence. Release Jadhav and ensure safe release forthwith. If not then direct a trial under normal law with full consular access," said Deepak Mittal, Joint Secretary, the Ministry of External Affairs, making the final submission in the court on the third day of the hearing.
He requested the court to declare that Pakistan acted in breach of Article 36 of Vienna Convention and failed to inform Jadhav of his rights.
"Government of India requests this court to adjudge and declare that Pakistan acted in egregious breach of Article 36 of Vienna Convention," he said.
India Objects to Pak's Use of Abusive Language: Salve
Harsh Salve representing India strongly objected to the abusive language used by Pakistan's counsel in the Kulbhushan Jadhav case at the International Court of Justice (ICJ), urging the UN court to draw a redline.
He drew the court's attention towards the abusive language used by Pakistan through its counsel Khawar Qureshi on the second day of the hearing.
"The language echoed in this court... perhaps this Court may lay down some redlines. The transcript is peppered with words such as shameless, nonesense, disgraceful... India takes exception to being addressed in this fashion in an international court,” Salve said.
Khawar Qureshi Represents Arguments for Pak
Counsel Khawar Qureshi is now presenting Pakistan’s arguments at ICJ.
He claimed that no other country has approached the ICJ and said “Vienna Convention on Consular Relations applies to spies.”
"We will demonstrate that India's case is subterfuge, he added.
Qureshi then continued saying that India was required to assist with Pakistan's request for evidence, despite there being no Mutual Legal Assistance Treaty 'because of a UN Security Council Resolution obliging them to do so.'
'Doval Made No Secret of India's Plan to Encourage Terrorism'
Mansoor alleged that NSA Ajit Doval had made no secret of India's plan to encourage terrorism. He further termed it as "double squeeze" strategy.
Pak Attorney General Charges at Ajit Doval
Pakistan's attorney general Anwar Mansoor begins arguments and says that National Security Advisor Ajit Doval has made no secret of India's plan to encourage terrorism, has called it the "double squeeze" strategy.
He also links the terror attack on the Baluchistan high court to a speech by Ajit Doval on India's plans to teach them a lesson.