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Hearings in the Kulbhushan Jadhav matter between India and Pakistan will commence today at the International Court of Justice (ICJ). The matter will be heard amidst high tensions between the two countries following the terrorist attack on February 14 that claimed the lives of 40 CRPF jawans.
India is seeking consular access for Jadhav, who was arrested in 2016 on charges of espionage. India will make its arguments today between 2:30 pm and 5:30 pm today.
Senior Counsel Harish Salve is leading the team of lawyers representing India. Khawar Qureshi QC will head the Pakistan team.
Live updates of the hearing follow:
Pakistan makes their first round arguments on February 19, from 10 am to 1 pm.
India will make its 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.
Kulbhushan 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.
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”.