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Kulbhushan Jadhav case: Live Updates from the ICJ [Day 3]
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Kulbhushan Jadhav case: Live Updates from the ICJ [Day 3]

Bar & Bench

The hearing in the Kulbhushan Jadhav case between India and Pakistan enters its third day today at the International Court of Justice (ICJ).

India is seeking consular access for Jadhav, who was arrested in 2016 on charges of espionage. Senior Counsel Harish Salve is leading the team of lawyers representing India. Khawar Qureshi QC heads the Pakistan team.

India makes its second round of arguments today.

For a summary of India’s first round of submissions made on Monday, click here.

For a summary of Pakistan’s first round of submissions made yesterday, click here.

Live updates of today’s hearing follow:

  • India to begin second round of oral arguments in Kulbhushan Jadhav case at International Court of Justice.
  • Senior Counsel Harish Salve begins arguments for India.
  • “Shameless” and “arrogant” used many times in Pakistan’s memorial. India takes exception to being insulted before the International Court, Salve.
  • This Court doesn’t need experts to help it decide whether Military Courts in Pakistan are due process compliant, Salve.
  • Pakistan has mischaracterized India’s reading of the report on Military Courts as an attempt to mislead the Court, Salve.
  • Pakistan’s comments deriding Lahore High Court Bar Association yesterday are regrettable. Khawar Qureshi may not be invited to tea by them, Salve.
  • Three attempts made by Pakistan to derail proceedings in this Court have failed, Salve.
  • On Pakistan’s allegation that India was blocking cross-examination of Deputy High Commission JP Singh – Salve says Court had held that the issue was not relevant.
Harish Salve making arguments for India before the International Court of Justice (ICJ) in the Kulbhushan Jadhav case
Harish Salve making arguments for India before the International Court of Justice (ICJ) in the Kulbhushan Jadhav case
  • Pakistan attempted to produce video of Jadhav’s purported confession on February 18, before the oral hearings. The Court had declined to take the video on record. Pakistan attempted to bring evidence which was declined through oral submissions, Salve.
  • Bio-data mention that Jadhav was a former Indian Navy officer. This would be proof of his Indian nationality, Salve.
  • Indian nationals are not the kind whose nationality needs to be denied, Salve.
Indian ambassador to the Netherlands, Venu Rajamony (L) and senior Indian diplomat, Deepak Mittal (R) in the backdrop while Harish Salve makes arguments for India
Indian ambassador to the Netherlands, Venu Rajamony (L) and senior Indian diplomat, Deepak Mittal (R) in the backdrop while Harish Salve makes arguments for India
  • India denies existence of legal relations treaty with Pakistan, because of the latter’s reticence. This was a point I made in the first round that has not been countered by Pakistan, Salve.
  • Article 36 of the Vienna Convention on Consular Relations came into play after Jadhav’s arrest.
  • If Jadhav had been involved in subversive activities, irrespective of whether or not he had an Indian passport, he would have been tried for espionage, Salve.
  • India has repeatedly asked for a copy of the judgment convicting Jadhav, and the charges against. There would be no threat to security of Pakistan if they share these documents, Salve.
  • Pakistan relied on reports by the Indian press. These articles contradict the facts in Pakistan’s FIR, Salve.
  • The 2008 bilateral agreement between India and Pakistan cannot take away rights conferred by Article 36.
  • International Commission of Jurists and European Parliament have criticised the functioning of Pakistan’s Military Courts. Pakistan has defended them by relying on reports by military experts, Salve.
  • Judicial Review by Pakistan courts has a narrow ambit, they have not interfered with military court decisions many times, Salve.
  • Supreme Court of Pakistan has suppressed operation of Peshawar High Court judgment cited by Pakistan, Salve. On the one hand, Pakistan is challenging that judgment in Supreme Court, on the other it is citing it in ICJ.
  • In Kasab case, Supreme Court of India held that since it is case of death sentence, they examined materials on record first-hand. This is called review, Salve.
  • Jadhav has become a pawn in Pakistan’s tool to divert international scrutiny from itself, Salve. Refers to “dastardly” terror attack in Pulwama on February 14.
  • It is surprising that Pakistan calls upon Security Council for legal relief when it otherwise turns a Nelson’s eye to its own track record, Salve.
  • Jadhav’s trial was completed in 4-6 months. What happened to the 150 people killed in the Mumbai terror attacks? Salve
  • The time has come for this Court to make Article 36 a potent weapon for protection of human rights, Harish Salve concludes.
  • Deepak Mittal, Joint Secretary of Ministry of External Affairs, reads out relief sought by India.
Deepak Mittal, Joint Secretary of the Indian Ministry of External Affairs
Deepak Mittal, Joint Secretary of the Indian Ministry of External Affairs
  • President Abdulqawi Ahmed Yusuf speaks on appointment for ad-hoc judge for Pakistan in the Jadhav case.
President of the ICJ, Abdulqawi Ahmed Yusuf
President of the ICJ, Abdulqawi Ahmed Yusuf
  • Judge ad-hoc Gilani (chosen by Pakistan) was given case files and participated in all court deliberations before these hearings. He will receive all transcripts of oral proceedings. He will continue to participate.
  • Sitting adjourned for the day. Court will reconvene tomorrow at 9:00 pm IST to hear Pakistan’s second round of oral submissions.

Read the verbatim record of the hearing:

Kulbhushan-Jadhav-verbatim-record-Day-3.pdf
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