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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

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