Kulbhushan Jadhav: 10 Things Harish Salve Said To Make India's Case at ICJ
On Monday, the International Court of Justice began proceedings in the Kulbhushan Jadhav case and eminent lawyer Harish Salve presented India's case, saying if Jadhav was executed, it would be nothing less than a 'war crime'.
In this file photo, supporters of the Bharatiya Janata Party (BJP) burn Pakistan's national flag during a protest in Mumbai, against the death sentence given to former Indian naval officer Kulbhushan Jadhav in Pakistan. (Photo: Reuters/ Shailesh Andrade)
New Delhi: On Monday, the International Court of Justice (ICJ) began proceedings in the Kulbhushan Jadhav case and eminent lawyer Harish Salve presented India's case, saying if Jadhav was executed, it would be nothing less than a 'war crime'. Here's a quick look at what India said at the ICJ:
1. India believes that the farcical nature of proceedings and unjust trial by a Pakistani military court in egregious violation of the rights of consular access has led to serious miscarriage of justice.
2. An innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges, deprived of his rights and protection accorded under the Vienna Convention, has been held incommunicado… and faces imminent execution.
3. Pakistan repeatedly denied consular access to India and no document of Jadhav’s trial process was given by Islamabad.
4. All requests for consular access to Kulbhushan Jadhav fell on deaf ears.
5. Human rights which are treated as basics have been thrown to the wind by Pakistan.
6. Jadhav was framed on confessional statements extracted from him when he was in Pakistan’s military custody.
7. It is clear that Jadhav has been denied of his right to seek legal counsel. There is an immediate threat to him to be executed even before a judicial decision is passed.
8. Pakistan has not provided the chargesheet, any evidence or materials presented against Jadhav in the case despite repeated requests by consular officers.
9. Jadhav has neither consular access nor legal representation even at this stage. It’s not known if Jadhav will seek clemency in Pakistan court. Pakistan will be guilty of war crimes if ex-Navy officer is hanged.
10. Visa application filed by Kulbhushan Jadhav's parents is still pending.
INDIA AT ICJ
India has been a party to six cases, four of them with Pakistan, at the International Court of Justice.
May 08, 2017: (INDIA VS PAKISTAN)
INDIA TAKES PAKISTAN TO THE ICJ: Jadhav Case
April 24, 2014: (MARSHALL ISLANDS VS INDIA)
MARSHALL ISLANDS TAKES INDIA TO THE ICJ: Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament
Sep 21, 1999: (PAKISTAN VS INDIA)
AERIAL INCIDENT OF AUGUST 10, 1999
PAKISTAN TAKES INDIA TO THE ICJ: On August 10, 1999, India shot down a Breguet Atlantique patrol plane of the Pakistan Navy in Indian air space over the Rann of Kutch. India contested the case, and the ICJ upheld India's position that the Court had no jurisdiction to entertain Pakistan’s claim.
May 11, 1973: (PAKISTAN VS INDIA)
TRIAL OF PAKISTANI PRISONERS OF WAR
PAKISTAN TAKES INDIA TO THE ICJ: Pakistan filed a case to stop the repatriation to Bangladesh of 195 Pakistani nationals in Indian custody after the 1971 War, to face trial on charges of genocide, but withdrew the case the next year. This case, entered on the Court's General List on 11 May 1973 under number 60, was discontinued by an Order of the Court of 15 December 1973.
August 30, 1971: (INDIA VS PAKISTAN)
APPEAL RELATING TO JURISDICTION OF THE ICAO COUNCIL
INDIA TAKES PAKISTAN TO THE ICJ: In 1971, India filed a case against the jurisdiction of International Civil Aviation Organisation (ICAO) to decide on Pakistan's demand that India could not deny it overflight and landing rights. India had withdrawn Pakistan's overflight rights after the January 1971 hijacking of an Indian Airlines flight to Lahore, and the gutting of the aircraft by the hijackers. The ICJ ruled against India, saying that ICAO had jurisdiction in this case. This case, entered on the Court's General List on 30 August 1971 under number 54, was the subject of a Judgment delivered on 18 August 1972.
Dec 22, 1955: (PORTUGAL VS INDIA)
PORTUGAL TAKES INDIA TO THE ICJ: CASE CONCERNING RIGHT OF PASSAGE OVER INDIAN TERRITORY
Portugal had filed a case against India over denial of passage to what were then the Portugese territories of Dadra and Nagar Haveli. ICJ decided in India's favour in 1960, saying India's refusal of passage was covered by its power of regulation and control of the right of passage of Portugal.