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Kulbhushan Case: Pak Cites 1999 Incident to Claim ICJ Cannot Intervene

News18.com | May 16, 2017, 7:39 AM IST
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The International Court of Justice (ICJ) begins its hearing on India’s plea for suspension of Kulbhushan Jadhav’s death penalty. A Pakistan military court had sentenced the Indian national to death on charges of "espionage and subversive activities" on April 10, this year.

As it happened.

May 15, 2017 7:24 pm (IST)

Pakistan finishes presenting its arguments against India in the Kulbhushan Jadhav case. The court has heard both the sides and it will issue an order in a public hearing as soon as possible.  


May 15, 2017 7:18 pm (IST)

Responding to India's contention that Jadhav's trial was in gross violation of Vienna Convention, Pakistan says that provisions not intended to apply to a 'spy' involved in terror activities. 


May 15, 2017 7:16 pm (IST)

Pakistan continues to deny India's contention that Jadhav was kidnapped from Iran and brought to Pakistan for confession. Pakistan says this assertion is far-fetched. 


May 15, 2017 7:15 pm (IST)

There has been deafening silence and no response from India on Pakistan's accusations on Jadhav: Pakistan 


May 15, 2017 7:13 pm (IST)

Pakistan cites 1999 aerial incident to claim that ICJ cannot intervene in the matter. 


May 15, 2017 7:04 pm (IST)

Pakistan stresses India's application should be cancelled on these grounds.  "The relief sought by India is manifestly unavailable, and the jurisdiction is limited."


May 15, 2017 6:57 pm (IST)

Pakistan also says that it didn't impose any condition as far as consular access was concerned. 


May 15, 2017 6:56 pm (IST)

Pakistan says that Jadhav was caught in Balochistan, an assertion India has contested. "India generated a sense of urgency and not Pakistan," says Khawar Qureshi. 


May 15, 2017 6:53 pm (IST)

Pakistan says the consular access to India would have been decided on the basis of merit of the case.  "Pakistan had provided details of the investigation to India but India didn't respond," says Khawar Qureshi.

 


May 15, 2017 6:49 pm (IST)

Khawar Qureshi seeks the cancellation of India's application at the ICJ. He says clemency process was identified during Jadhav's trial in Pakistan. "All the facts have been placed before the court. There are flaws in the request of the applicant." 


May 15, 2017 6:45 pm (IST)

Pakistan alleges that India's silence over Jadhav's passport is questionable. India is on hyper-drive mode. It is using media to drum up the support for Jadhav. ICJ has refused Pakistan's request to play Jadhav's confessional videos.  


May 15, 2017 6:42 pm (IST)

Faisal also says that India's petition before the ICJ is unnecessary and Pakistan believes in the peaceful resolution of all disputes. Pakistan itself is a victim of terrorism. 

Faisal alleges that India forced us to appear before the ICJ within a few days. He says India is using the ICJ as a stage for political reasons and Pakistan will respond in kind. 


May 15, 2017 6:38 pm (IST)

Faisal says that India was provided with a copy of Jadhav's passport. "India is unwilling to provide any explanation of Jadhav's passport and continues to deny that genuineness of the passport. India should have responded to the letter," says Faisal. 


May 15, 2017 6:34 pm (IST)

Mohammad Faisal, DG, South Asia & SAARC is presenting the Pakistan's case at the Hague. 


May 15, 2017 6:34 pm (IST)

Mohammad Faisal, DG, South Asia & SAARC is presenting the Pakistan's case at the Hague. 


May 15, 2017 6:33 pm (IST)

Pakistan begins presenting arguments against India in the Kulbhshan Jadhav case at the International Court of Justice in the Hague. 


May 15, 2017 3:45 pm (IST)

"We expect justice, hope we will save Jadhav. Let's see what case Pakistan makes. It is unlikely that decision will come today,” said Harish Salve to CNN-News18


May 15, 2017 3:14 pm (IST)

On behalf of the republic of India, I request that Pakistan take all measures that Jadhav is not executed: Harish Salve


May 15, 2017 3:12 pm (IST)

Kulbhushan Jadhav has neither consular access nor legal representation "even at this stage". It shows the illegality , the COAS confirmed the death sentence. Spokesperson have clarified that consular access will not be allowed: Harish Salve 


May 15, 2017 3:06 pm (IST)

Graver the charges, greater the need for continued adherence of Vienna Convention. Jadhav has been in judicial custody without any communication with his family. Rights of article 36 are sacrosanct, rights of consular access are significant in human rights and international law, says Harish Salve 


May 15, 2017 3:01 pm (IST)

Pakistan later in the day. Both sides will get 90 minutes each to argue their case before the UN's principal judicial body.


May 15, 2017 3:00 pm (IST)

All requests for consular access to 46-year-old Jadhav had fallen on "deaf ears". The trial was conducted without providing Jadhav his rights, they stated Indian national is not eligible for a consular access, says Harish Salve 


May 15, 2017 2:53 pm (IST)

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


May 15, 2017 2:42 pm (IST)

Pakistan has refused to communicate to consular services; India has not been given the copy of the charges filed against Jadhav. The need for a wholesome compliance is greater when charges are serious. We want appropriate legal representation for  Kulbhushan Jadhav, Harish Salve tells ICJ.


May 15, 2017 2:40 pm (IST)

India will always maintain that Kulbhushan Jadhav has been kidnapped from Iran. Jadhav has been denied the right to defend himself. The 'confession' was extracted in military custody. No indications whether Jadhav can seek or receive clemency. We fear that Jadhav will be executed before this trail ends. The present situation is grave and that is why India has sought the indulgence of ICJ. Pakistan has violated the Vienna Convention, says Harish Salve


May 15, 2017 2:34 pm (IST)

Joint secretary, VD Sharma punctures Pakistan's argument on 2008 bilateral agreement regarding consular access. Says it can't be invoked as not registered with United Nations. This was the reason given by Pakistan as its reason for not granting consular access


May 15, 2017 2:25 pm (IST)

Visa application filed by Kulbhushan Jadhav's parents is still pending: Harish Salve
 

Evidence of Pakistan lacks credibility especially with consular access is not provided to India: Harish Salve


May 15, 2017 2:11 pm (IST)

India has made several requests for consular access but Pakistan has not provided it, Article 36 of Vienna Convention has been violated. Pakistan did not inform India at the time of his arrest: Harish Salve 


May 15, 2017 2:04 pm (IST)

Harish Salve counsel for India starts argument
 

I express on behalf of my country gratitude for fixing hearing in short notice. Situation we find is grave and urgent: Harish Salve


May 15, 2017 2:02 pm (IST)

India has been seeking consular access since March 2016 when it first came to know about detention of Jadhav by Pakistan: VD Sharma, Co-agent for India


May 15, 2017 1:58 pm (IST)

Jadhav's confession taken in captivity by Pakistan. An increasing number of death sentences have been handed out by Pakistan’s military court. There is imminent threat that Jadhav’s death sentence will be carried out. This this needs urgent hearing: Dr. Deepak Mittal 


May 15, 2017 1:54 pm (IST)

This reflects farcical nature of hearing in Pakistan. Pakistan has not provided any charge-sheet, evidence. No response from Pakistan on visa for family members of Jadhav. This is serious miscarriage of justice: Dr. Deepak Mittal 


May 15, 2017 1:50 pm (IST)

India's agent Dr. Deepak Mittal argues for India ICJ
 

India has demanded several consular access but there has been no response from Pakistan: India's agent Dr. Deepak Mittal argues for India ICJ


May 15, 2017 1:49 pm (IST)

India may avail a "short extension" beyond 90 minutes to present its case, says ICJ Judge


May 15, 2017 1:48 pm (IST)

11 judge bench hearing the Kulbhushan Jadhav case in ICJ. Dr Deepak Mittal agent of India speaking now


May 15, 2017 1:46 pm (IST)

Registrar reading out India's plea: 

India requests following pending final judgment in the case a) Pakistan take all measures to ensure Jadhav is not executed b) Pakistan report to the court action it has taken in the case c) Pakistan should ensure that no action should be taken while proceedings in the court are taking place


May 15, 2017 1:38 pm (IST)

Registrar at ICJ reading out the pleas made by India in ICJ 


May 15, 2017 1:37 pm (IST)

Judge asks registrar to read out the case in ICJ


May 15, 2017 1:36 pm (IST)

Proceeding beings at International Court of Justice (ICJ) 


May 15, 2017 1:35 pm (IST)

Harish Salve enters the courtroom 


May 15, 2017 1:29 pm (IST)

Justice In A Terror State

- Jadhav sentenced under field general court martial by an extra-legal military court
 

- Military tribunal consists of 3 officers, each with one year of service experience


- Military court can try any person arrested under military act


- Military court not required to frame formal chargesheet against accused


- Tribunal under the control of military command, judge or advocate not necessary


- The accused is not entitled to defence counsel


- The case may be determined by military members not trained in law


- The decision of the army court cannot be challenged before any court of law


May 15, 2017 1:27 pm (IST)

The glaring loopholes

- Why would a spy carry documents connecting him to his country?
 

- Indian intelligence officials pointed out multiple errors in Jadhav's stated 'confession'


- There are glaring inconsistencies on where Jadhav was arrested from


- Jadhav retired from navy in 2013, became a businessman with no ties to govt


May 15, 2017 1:11 pm (IST)

India delegation leaves for International Court of Justice (ICJ). The public hearing will start at The Hague, Netherlands, from 1.30pm IST. India will be represented by senior counsel Harish Salve.


May 15, 2017 12:46 pm (IST)

Top Pakistan Govt Sources on Jadhav:


- Kulbhushan Jadhav is alive and hanging will happen only after all judicial and appeal process over.


- Pakistan wants stay on proceedings immediately


- Pakistan authorities open all backchannels to put stay on proceedings


- Pakistan sent emissary from UAE who is close friend of ICJ judge to put stay on proceedings


- Emissary asked to convince judge that there are still three important steps to go before hanging


- Pakistan wants ICJ to put stay and come back again last appeal is done in hanging


- Meeting with Jindal and Nawaz Sharif was also part of backchannels efforts by Pakistan govt to ease out current situation

(Manoj Gupta, CNN-News18)


May 15, 2017 12:36 pm (IST)

This is an excellent move by India. Kulbhushan Jadhav's case is being tried by military court. Pakistan cannot make undue decision. Pakistan cannot influence any judge in ICJ. It doesn’t matter if ex-ambassador of Pakistan is friends with any judge in ICJ: Awais Shaikh, Sarabjit's Lawyer to CNN-News18


May 15, 2017 10:14 am (IST)

May 15, 2017 10:09 am (IST)

Kulbhushan Jadhav's case timeline cannot be said but India has a stronger case. India has a very good chance. Pakistan has violated all the rules: Mukul Rohtagi


May 15, 2017 9:25 am (IST)

Here's India's plea to ICJ

- Immediate suspension of the death sentence awarded to the accused
 

- Declaring the sentence of the military court brazen defiance of the Vienna Convention


- Restraining Pakistan from giving effect to the sentence awarded & directing it to take steps to annul the decision


- If Pakistan is unable to annul the decision, then ICJ should declare the decision illegal


May 15, 2017 9:20 am (IST)

What is likely to be Pakistan's response?

- Pakistan will insist this case will follow its domestic laws not Vienna Convention will be followed in Jadhav case
 

- Consular access can be denied in cases related to national security


- Jadhav was tried in a military court as he was a former naval officer


- It may also say that all legal remedies have not been exhausted yet in Pakistan and so it is not the right time for ICJ to intervene


May 15, 2017 9:16 am (IST)

Key points of the petition to be argued by senior advocate Harish Salve:
 

- Blatant violations of the Vienna convention on consular relations


- India was not informed of Kulbhushan Jadhav's detention until long after his arrest


- Pakistan failed to inform the accused of his rights


- Pakistan denying India its right of consular access to Jadhav despite repeated requests


May 15, 2017 9:11 am (IST)

Here's all you need to know about Kulbhushan Jadhav:
 

- Kulbhushan Jadhav is a retired Indian Navy officer who Pakistan alleges is a spy for the Research and Analysis Wing (R&AW)
 

- Kulbhushan Jadhav was arrested allegedly from Balochistan after he entered from Iran


- The Indian government, on the other hand, believed that he was picked up from Iran


- In April 2016, the Pakistan govt had slapped terrorism and sabotage charges against him


- In March this year, Pakistani adviser to the Prime Minister on Foreign Affairs Sartaj Aziz told the country’s Upper House that Islamabad won’t extradite Jadhav


- Kulbhushan Jadhav was denied consular access by Pakistan


May 15, 2017 9:04 am (IST)

India has acknowledged Kulbhushan Jadhav as a retired Indian Navy officer, but denied that he was in any way connected to the government. The Indian government believed that he was picked up from Iran. 


May 15, 2017 8:27 am (IST)

Senior counsel Harish Salve will represent India at the ICJ headquarters in the Hague


May 15, 2017 8:26 am (IST)

The Pakistan military court had sentenced Kulbhushan Jadhav to death on charges of "espionage and subversive activities" on April 10, 2017.


May 15, 2017 8:25 am (IST)

The International Court of Justice (ICJ) will begin hearing India's plea—seeking an immediate suspension of the death penalty awarded to its national Kulbhushan Jadhav by a military court in Pakistan—at 1:30 PM Indian Standard Time (IST).


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