Kulbhushan Jadhav hearing at ICJ: 10 key arguments India and Pakistan battled over at The Hague     | india-news | Hindustan Times
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Kulbhushan Jadhav hearing at ICJ: 10 key arguments India and Pakistan battled over at The Hague    

New Delhi appealed to the International Court of Justice seeking annulment of Kulbhushan Jadhav’s death sentence by Pakistan but Islamabad maintains that Jadhav is an Indian R&AW agent

india Updated: May 15, 2017 21:11 IST
HT Correspondent
A protest rally in Mumbai against Kulbhushan Jadhav’s death sentence by Pakistan.
A protest rally in Mumbai against Kulbhushan Jadhav’s death sentence by Pakistan.(Anshuman Poyrekar/HT File Photo)

India and Pakistan concluded their arguments before the International Court of Justice at The Hague on Monday after New Delhi filed an appeal seeking the suspension of Kulbhushan Jadhav’s death sentence.  

Jadhav was convicted by a Pakistan military court in April for espionage and subversive activities against the state

As the ICJ began hearing Jadhav’s case, India argued that human rights treated as “basics” all over the world had been thrown to the wind by Pakistan. New Delhi has called for immediate suspension of Jadhav’s death sentence and accused Pakistan of violating the Vienna Convention by denying its 16 requests for consular access.

Pakistan, in its submission in response to India’s presentation, said New Delhi was using the court as a “scene of political theatre” and the world court did not have the jurisdiction to provide the relief sought by its neighbour.

Both sides had 90 minutes each to argue their case.

Here are the arguments made at The Hague:

India’s submission

• Jadhav was kidnapped from Iran in 2016, brought to Pakistan, presented as an alleged Indian spy and a confession was extracted in military custody.

• India made innumerable requests to Pakistan for consular access which were denied.

• Pakistan has not provided India any charge sheet, copy of the verdict and other documents.

• The trial was conducted without informing Jadhav.

• Graver the charges, greater the need for continued adherence to the Vienna Convention.

Pakistan’s submission 

• “Wholly inappropriate” for India to seek provisional measures from this court.

• Pakistan invites ICJ to dismiss India’s application as there is no urgency in this plea and the court’s jurisdiction is limited. The Indian national has 150 days to seek clemency.

• India unwilling to explain the false passport, which bore a Muslim name and was found in Jadhav’s possession.

• Pakistan not violating Vienna Convention as Article 55 gives protection in matters of internal affairs and its provisions on consular access are not intended for a “spy” involved in terror activities.

• Delhi’s application to ICJ misconceived and unnecessary. The court is being used as political theatre but Pakistan won’t be cowed down by terrorism.