Kulbhushan Jadhav case: Live Updates from the ICJ [Day 2]
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Kulbhushan Jadhav case: Live Updates from the ICJ [Day 2]

Bar & Bench

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

Pakistan is making its first round of arguments. Queen’s Counsel Khawar Qureshi will make arguments on behalf of Pakistan.

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

Some images from today

International Court of Justice (ICJ) Court Room
International Court of Justice (ICJ) Court Room
Senior Advocate Harish Salve speaks to Ambassador Venu Rajamony during the hearing
Senior Advocate Harish Salve speaks to Ambassador Venu Rajamony during the hearing

Arguments of Pakistan

  • Khawar Qureshi QC begins his submissions for Pakistan.
  • There is a confession by Jadhav before a judicial magistrate. He was also convicted under Section 3 of the Official Secrets Act for terrorist activities in 2014. India has glossed over these matters, Khawar Qureshi.
  • Developments in customary international law not consistent with India’s position on Article 36 of Vienna Convention on Consular Relations, Qureshi.
  • Blatant misrepresentations in India’s pleadings and evidence given before the Court, Qureshi.
  • Senior Advocate Harish Salve listening to Pakistan’s lawyer
Indian delegation including Senior Advocate Harish Salve listening to the arguments of Pakistan
Indian delegation including Senior Advocate Harish Salve listening to the arguments of Pakistan
  • I have had the honour and privilege to represent India in many cases before this Court. This incarnation of India is one that I do not recognize, Qureshi.
  • Claim for Jadhav’s immediate release is outlandish, Qureshi. Review system in place.
  • When did Jadhav retire and at what age? What evidence is there that Jadhav retired from the Armed Forces? Why was he is possession of an authentic Indian passport with a cover name?
  • Qureshi refers to Indian media’s coverage of Jadhav case. Refers to stories by Karan Thapar and Praveen Swami.
  • Qureshi refers to Chandan Nandy article published in The Quint. It’s taken a journalist to raise the question of the passport issue, Qureshi.
  • Qureshi refers to statement made by NSA Ajit Doval in 2014, which was published in 2016 without retraction:

Pakistan’s vulnerabilities many times higher Than that of India. Once they know that India has shifted gear from the defensive offence, they will find that it is unaffordable for them. You can do one Mumbai, you may lose Balochistan. There is no nuclear war involved and there is no troops engagement. If you know the tricks, we know the tricks better than you.” (Emphasis added)

  • Qureshi moves on to “three abuses” India has made in the case.
  • One, India needs to explain how Commander Jadhav was an Indian national/provide evidence of the same – a generally accepted manner being by providing a copy of his actual passport in his real name.
  • Two, failure to engage with Mutual Legal Assistance request. Most Mutual Legal Assistance requests between countries do not depend on treaties, Qureshi
  • Three, failure to provide explanation as to how it is that Commander Jadhav was able to travel frequently to and from India using an authentic Indian passport bearing a false identity in a Muslim name.
Deepak Mittal IFS, Joint Secretary MEA looks on
Deepak Mittal IFS, Joint Secretary MEA looks on
  • Passport was authenticated by expert David Westgate. Used at least on 17 occasions by Jadhav.
Submissions made by Pakistan on the Passport issue
Submissions made by Pakistan on the Passport issue
  • Qureshi refers to distortions in India’s filings. We tried to give India every opportunity to correct these distortions. You can’t dismiss the truth, Qureshi.
  • Reference made to distortion to 2008 treaty between India and Pakistan in India’s pleadings. “I’m sure Mr. Salve will dismiss it as another typo“, Qureshi.
Submissions made by Pakistani on India’s Pleadings on the 2008 Treaty between India and Pakistan
Submissions made by Pakistani on India’s Pleadings on the 2008 Treaty between India and Pakistan
  • I do wish Deputy High Commissioner JP Singh well for his future as a fantasy fiction writer“, Qureshi on claims that Jadhav was not looking well when his family met him.
Pakistan’s notes on the account given by Indian Deputy High Commissioner on Kulbhushan Jadhav’s physical condition when he met his family.
Pakistan’s notes on the account given by Indian Deputy High Commissioner on Kulbhushan Jadhav’s physical condition when he met his family.
  • Sitting adjourned for 10-minute break.
  • Sitting resumes. In view of longer break, Qureshi may take longer than allotted time.
  • Qureshi defending Pakistani Military Court, which convicted Jadhav. Their operation is not considered to be manifestly unfair.
  • India was required to prove Jadhav’s nationality in order to get him diplomatic protection, as was held in the Avena case, Qureshi.
Pakistan’s submissions contending India’s failure to establish that Kulbhushan Jadhav is an Indian national
Pakistan’s submissions contending India’s failure to establish that Kulbhushan Jadhav is an Indian national
  • No general practice accepted as law by States to provide consular access in cases of espionage, Qureshi.
Pakistan’s Submissions on Consular access in cases where espionage is suspected
Pakistan’s Submissions on Consular access in cases where espionage is suspected
  • There’s a lot of flowery language in India’s pleadings, but not much by way of substance, Qureshi.
  • Why didn’t India raise a dispute back in 2016? Why did it come directly to the ICJ for provisional measures? Qureshi.
Why Pakistan thinks India’s claim for release of Kulbhushan Jadhav is “outlandish”
Why Pakistan thinks India’s claim for release of Kulbhushan Jadhav is “outlandish”
  • Qureshi makes reference to Narendra Modi’s purported claim that rapists will be hanged within days.
  • Qureshi dismisses India’s claims that Pakistan does not have an independent appellate procedure. High Court of Peshawar set aside more than 70 convictions made by Military Courts.
  • Qureshi making concluding submissions.
Pakistan’s Concluding submissions Part I
Pakistan’s Concluding submissions Part I
Pakistan’s concluding submissions Part II
Pakistan’s concluding submissions Part II
  • President Abdulqawi Ahmed Yusuf adjourns sitting. India to make second round of oral arguments tomorrow. 
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