Highlights: ICJ hearing on Kulbhushan Jadhav’s case ends, Pak says India’s relief appeal ‘unnecessary and misconceived’ | india-news | Hindustan Times
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Highlights: ICJ hearing on Kulbhushan Jadhav’s case ends, Pak says India’s relief appeal ‘unnecessary and misconceived’

India and Pakistan presented their arguments before the International Court of Justice (ICJ) in The Hague over Kulbhushan Jadhav’s death sentence. The alleged Indian spy was sentenced to death by a Pakistani military court earlier this year.

india Updated: May 15, 2017 20:13 IST
HT Correspondent
Television channels show news about the ICJ hearing on Kulbhushan Jadhav’s death sentence.
Television channels show news about the ICJ hearing on Kulbhushan Jadhav’s death sentence.(AP Photo)

India and Pakistan ended their submissions before the International Court of Justice at The Hague on Monday over the Indian national Kulbhushan Jadhav’s death sentence.

India took up the issue of consular rights to its national and accused Pakistan of violating the Vienna convention and conducting a “farcical trial” without a “shred of evidence”.

New Delhi also demanded the immediate suspension of Jadhav’s death sentence, expressing fears that Pakistan could execute him even before the ICJ hearing was over. Pakistan argued that the world court has no jurisdiction in this case as it pertains to national security.

It is after 18 years that an India-Pakistan dispute is playing out in the world court.

Here are the live updates:

7:25 pm: The ICJ chair addresses the court and says ICJ will render its order as soon as possible. The date will be duly communicated to the parties. “The sitting is closed.”

7:20 pm: Indian counsel’s claim that Delhi wasn’t provided consular access to Jadhav is far removed from the truth.

It was “wholly inappropriate” for India to seek provisional measures from this court: Pakistan

Qureshi ends his arguments.

7:18 pm: Earlier in the afternoon, ICJ declined Pakistan’s plea to play a video of Jadhav’s “confession”, reports news agency IANS.

7:15pm: To kidnap a man in Iran and get him for the purpose of confession is far-fetched, says Pakistan.

7:10pm: Point by point, Pakistani delegation gives reasons for why Islamabad is not violating Vienna Convention, as claimed by the Indian side. The focus then shifts on the passport controversy as Pakistan claims Jadhav carried a false document.

Article 55 (of Vienna Convention) says there must be no inference in the internal affairs of the receiving state. Espionage, terrorism are clearly internal affairs of the country: Pakistan argues before the ICJ about the jurisdiction of the court in this case 

“Not one jot of evidence has been advanced by India.” 

7 pm: Pakistan questions the “objective” of this case as it disseminates the case examples presented by the Indian side before the ICJ.

“If the only relief India is seeking is not available, what is the objective.”

The court should exercise considerable caution in matters where the court can’t provide relief, says Qureshi.

6:55 pm: Pakistan harps on the urgency of India’s plea, tells ICJ the matter is not urgent. “This court does not exist for time wasting.”

At the very least what is required is annulment and release of Jadhav. “There is no realistic, plausible relief in this case... These relief are aspirational.” 

6:50 pm: India’s position advanced towards this court is a sham, says Pakistan’s counsel... “India invoked the court with respect to urgency, not Pakistan.”

6:40 pm: Pakistan’s counsel QC Khawar Qureshi now addresses the ICJ bench.

I will invite this court to dismiss this application, says Qureshi, listing out reasons for the claim. There is no urgency and the jurisdiction in this case is limited and unqualified.

6:37 pm: After saying that Jadhav has confessed to being an Indian spy, Md faisal -- agent of Pakistan government addresses the ICJ -- says the video (of Jadhav’s confession) is publically available for everyone to see.

6:35 pm: India has been provided with the copy of the passport that was in possession of Commander Jadhav. The passport bears a Muslim name, which clearly isn’t his name. India is unwilling to provide the explanation for his passport... We submit that India’s silence is telling: Pakistani delegation 

“Instead, India appears to be on a hyperdrive to brief its press on Commander Jadhav.”

Faisal says India’s urgency claim, saying that the Indian national may be executed soon, is not accurate as a period of 150 days is provided for Jadhav to seek clemency.

There is a no need for provisional measure: Pakistan

6:31pm: Moazzam Ahmad Khan (agent), Mohammad Faisal (agent), QC Khawar Qureshi (Counsel) to argue in ICJ for Pakistan in #KulbhushanJadhav case.

Pakistan says India’s application is misconceived and unnecessary, and New Delhi is using ICJ as a political theatre. “India has used this court as the scene of political theatre. We will not respond in kind.”

“Despite being ambushed for appearing before the court, we will present the case today.”

“We will not be cowed by terrorism.”

6:30 pm: ICJ hearing on Kulbhushan Jadhav’s death sentence begins again. Pakistani delegation will present its case.

3.10pm: India concludes its arguments at the International Court of Justice.

3pm: Graver the charges, greater the need for continued adherence of Vienna Convention: Harish Salve.

2.40pm: The trial was conducted without informing Jadhav: Harish Salve tells ICJ.

2.26pm: India tells ICJ it fears Kulbhushan Jadhav will be executed before its arguments are heard in the case, reports PTI.

2.21pm: India refutes Pakistan’s claims against Kulbhushan Jadhav, says he was kidnapped from Iran.

2.15pm: The ICJ appeal has been filed as a measure of desperation, Harish Salve tells the court.

2.12pm: India calls for immediate suspension of Kulbhushan Jadhav’s sentence, accusing Pakistan of violating Vienna Convention of consular access.

2.08pm: India seeks interim relief for Kulbhshan Jadhav. He should not be executed till the final disposal of the case is done.

2.07pm:

2.05pm: India made innumerable requests to Pakistan for consular access which were denied: Harish Salve.

2pm:

Harish Salve will address ICJ on these four issues
  • Jurisprudence of the court
  • Prima facie case – Jurisdiction
  • Prima facie violation of Vienna convention
  • Nature of provisional measures that India seeks

1.57pm: Pakistan has violated rules of International law, India says, citing La Guard and Avena cases on Consular access.

1.55pm: Kulbhushan Jadhav’s parents have filed an appeal against death penalty with Pakistan.

1.50pm: Pakistan has not provided India any chargesheet, copy of the verdict and other documents, says Deepak Mittal.

1.47pm:Jadhav was framed on confessional statements extracted from him when he was in Pakistan’s military custody: Harish Salve.

1.44pm: India’s plea at ICJ: Pakistan should take all measure that Kulbhushan Jadhav is not executed.

1.42pm: The execution will cause irreparable damage to rights of India and Jadhav: Deepak Mittal.

1.40pm:

India’s demands at ICJ
  • # immediate suspension of death penalty
  • #Declare sentence of military court – violatice of Vienna convention
  • #Restrains Pak to give effect to death penalty and annul the Pak courts order
  • #Declare the decision of pak court illegal

1.40pm: Dr Deepak Mittal (joint secretary), GOI and agent for India begins his statements.

1.30pm:

1.20pm: Both sides will get 90 minutes each to make their arguments, with India getting the first say.

1pm: India accused Pakistan of “egregious violations” of New Delhi’s rights under the Vienna convention on consular relations (VCCR) when it sought ICJ’s intervention on May 8.

12.45pm: India is scheduled to first argue its case. This would be followed by arguments from the Pakistan team led by Attorney General Ashtar Ausaf.

12.30pm: Pakistan has said the Indian move to approach ICJ was an attempt to divert attention from “state-sponsored terrorism in Pakistan” and that it was analysing the ICJ’s authority in the matter.

12.15pm: India delegation leaves for International Court of Justice (ICJ). The public hearing will start at The Hague, Netherlands, from 1.30pm IST.

11.55pm: People held prayers for release of Kulbhushan Jadhav in Kanpur, ahead of India’s arguments before International Court of Justice.