ICJ – THE HAGUE (Netherlands), 1 February 2012 – Exterieur the International Court of Justice (ICJ), on Wednesday 1 February 2012.  Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Courtesy of the ICJ. All rights reserved.

CIJ – LA HAYE (Pays-Bas), 1er février 2012  – Exterieur de la Cour internationale de Justice (CIJ), le mercredi 1er février 2012. Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Avec l’aimable autorisation de la CIJ. Tous droits réservés.
ICJ – THE HAGUE (Netherlands), 1 February 2012 – Exterieur the International Court of Justice (ICJ), on Wednesday 1 February 2012. Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Courtesy of the ICJ. All rights reserved. CIJ – LA HAYE (Pays-Bas), 1er février 2012 – Exterieur de la Cour internationale de Justice (CIJ), le mercredi 1er février 2012. Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Avec l’aimable autorisation de la CIJ. Tous droits réservés.
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Breaking: ICJ to hear Kulbhushan Jadhav case from February 18-21

Aditya AK

The International Court of Justice (ICJ) will hold public hearings in the Kulbhushan Jadhav case from February 18-21 next year.

The first round of oral arguments will take place on February 18, when India will argue from 10 am to 1 pm. Pakistan will put forth their first round arguments on February 19, from 10 am to 1 pm

India will kick off the second round of oral arguments on February 20, from 3 pm to 4:30 pm, whereas Pakistan will conclude on February 21, from 3 pm to 4:30 pm.

In May this year, the ICJ granted India’s request for provisional measures in the Kulbhushan Jadhav case. Effectively, Jadhav’s execution was put on hold pending the court’s decision on merits.

Senior Advocate Harish Salve represented India, while Khawar Qureshi, QC appeared for Pakistan.

Jadhav, an Indian national, was sentenced to death over allegations of espionage and terrorism by a military court in Pakistan. India approached the ICJ in May 2017, invoking its power under Article 74 of the Rules of the Court to grant provisional measures.

India has accused Pakistan of violating Article 36(1) of the Vienna Convention on Consular Relations, 1963, in that the latter failed to inform them of Jadhav’s detention until long after his arrest.

In its letter to the ICJ, India claims that Jadhav was kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan on March 3, 2016. However, India was informed of his arrest only on March 25. India also stated that repeated attempts to provide Jadhav consular access have been turned down by Pakistan.

By way of relief, India had sought a suspension of the death sentence awarded by the military court, and has sought an order restraining Pakistan from giving effect to that sentence. It also asked the ICJ to grant interim relief by declaring the sentence violative of Article 36 of the Vienna Convention and Article 14 of the International Covenant on Civil and Political Rights, and has sought the release of Jadhav.

In its application, India has also stated that Jadhav would be executed should the ICJ not interfere, and that would cause “irreparable prejudice to the rights claimed by India”.

Read the press release:

168-20181003-PRE-01-00-EN.pdf
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Featured image courtesy: ICJ website

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