ICJ Verdict On Jadhav On Thursday

The ICJ will pronounce it’s judgment in the case of the alleged spy Kulbhushan Jadhav’s case on Thursday. The court has heard both India and Pakistan on Monday.

The Hague: The International Court of Justice will announce its verdict on Thursday in Kulbhushan Jadhav’s case. The ICJ had stayed the death sentence awarded by a Pakistani court to alleged spy Kulbhushan Jadhav on India’s appeal. Later on Monday it also heard the arguments by India and Pakistan over the fate of Jadhav.

According to reports, ICJ order on Jadhav will be announced on Thursday at 3.30 pm (IST).

During its arguments, India demanded the immediate suspension of Jadhav’s death sentence and expressed fears that Pakistan could execute him even before the hearing at ICJ was completed.

India’s made a powerful argument as the ICJ began hearing the case of a former naval officer, Kulbhushan Jadhav, who was arrested by Pakistan on March 3rd last year and was subsequently sentenced to death by a Pakistani military court on charges of espionage.

The Jadhav case came to light on 8 May, when India accused Pakistan of violating Vienna Convention and conducting a farcical trial without any evidence for convicting Jadhav.

Contradicting India’s argument, Pakistan told ICJ that Vienna Convention provisions on consular access do not apply for a spy involved in terror activities and also accused India of using the world body.

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World Court Backs India, Snubs Pak, Says Jadhav Shall Not Be Executed

The World Court has rejected Pakistan stand in the case of Kulbhushan Jadhav. Judge Abraham said India should have got consular access.

The Hague: The judge of International Court of Justice Justice Ronny Abraham started reading the judgement at 3.30 pm (IST). Justice Abraham has snubbed Pakistan in an unanimous verdict by 15-judge bench. The court said Jadhav should not be executed. He said both India and Pakistan agree that Kulbhushan Jadhav is an Indian national. India and Pakistan are signatories of Vienna convention. The judge explained the jurisdiction of the court and the Vienna Conventions. He rejected Pak’s contention on the jurisdiction of the court. He referred to India’s complaint of refusing consular access. India should have got the access, the judge said. He dispute exists on consular access. He said India’s case is within the purview of the Article 36 of Vienna Convention. The judge said that India has right to consular access. India’s claims in the case are plausible, Justice Abraham said. He said Pakistan cannot hang Jadhav. The ICJ has stayed it earlier.

Justice Abraham said that Pakistan should ensure that Jadhav is not executed. The world court had on last Monday stayed the execution of the Indian national, Kulbhushan Jadhav, a month  after a Pakistani military court found him guilty of spying for India.

Harish Salve, an accomplished lawyer had led the defence at the world court at The Hague. He said the matter was urgent and hence approached the highest court which took it up at short notice. He expressed his fears that Jadhav could be executed even before the judgement is delivered by ICJ. Salve said the rights of Article 36 of Vienna convention are inalienable. The Pakistani delegation was led by Moazzam Ahmad Khan, Ambassador of Pakistan in UAE. The Pakistani council blamed India for supporting terrorism in Pakistan.

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India Completes Its Presentation At ICJ

Reputed lawyer Harish Salve presented India’s argument at the International Court of Justice in the case of Kulbhushan Jadhav who was given death sentence by Pakistan military court.

Hague (Netherlands): As the proceedings in the International Court of Justice (ICJ) began on Monday, India’s representative and eminent lawyer Harish Salve making his observations asserted that if Jadhav was to be executed, it would constitute no less than a war crime. Pointing out that Kulbhushan Jadhav was kidnapped and made to confess in military captivity, he told the court that his charge sheet was not even provided to New Delhi. Because of this, he said that India has no idea of what charges were filed against him.

On Monday morning the ICJ started proceeding in the case of India versus Pakistan relating to the death sentence handed by a Pakistani military court to former Indian naval officer Kulbhushan Jadhav. India was represented by Joint Secretary Deepak Mittal (principal agent), Joint Secretary VD Sharma (co-agent), Harish Salve (counsel), Kajal Bhat, First Secretary, Embassy of India in the Netherlands (advisor) and Chetna N Rai (junior counsel).

Both the parties were given 90 minutes each by the court, to make their observations. India made its observations first with Deepak Mittal’s remarks.

Stating that New Delhi came to know about Jadhav’s death sentence from news reports, Mittal said that execution of Jadhav will cause irreversible damage to rights of India and him. He told the court that Pakistan did not provide the charge sheet or any documents on the case despite repeated requests, which clearly means that Jadhav was denied his right to seek legal counsel. Even the visa application by Jadhav’s parents to travel to Pakistan fell on deaf ears, he observed.

Speaking after Mittal, co-agent Sharma stated that, by denying consular access to Jadhav since he was arrested in March 2016, Pakistan failed to comply with all its legal obligations. He added that India is seeking relief in the form of immediate suspension of the death sentence. He also observed that ICJ must restrain Pakistan from implementing the sentence awarded by the military court and sought the court to direct Pak to annul its decision.

The counsel representing India, Harish Salve began his statement by quoting a set of precedents to this case. Saying that Pakistan cannot deny consular access to Jadhav under Vienna convention, he quoted Costa Rica versus Nicaragua case, Paraguay versus USA and Germany versus USA case.

Pointing out that India will always state that Jadhav was kidnapped from Iran, Salve demanded immediate legal representation for Jadhav as the case is serious and urgent. Asserting that Jadhav was denied the right to defend himself, he said that even his confession was extracted in military custody. He also told the court that there were no indications from Pakistan about whether Jadhav can seek or receive clemency.

He also expressed concern of the nation, he said, “We fear that Jadhav will be executed before the trial ends.”

Pakistan has responded to India’s presentation. It has put forward what Indian diplomats call sham defence of the military court judgment.

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