Kulbhushan Jadhav case: Live Updates from the ICJ [Day 4]
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Kulbhushan Jadhav case: Live Updates from the ICJ [Day 4]

Bar & Bench

The fourth hearing in the Kulbhushan Jadhav case between India and Pakistan is currently underway 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.

Pakistan makes its second round of arguments today.

Day 1  – For a summary of India’s first round of submissions made on Monday, click here.

Day 2 – For a summary of Pakistan’s first round of submissions made on Tuesday, click here.

Day 3 – For a summary of India’s second round of submissions made yesterday, click here.

Live updates of today’s hearing follow:

  • Khawar Qureshi begins Pakistan’s second round of arguments; Hits back at Salve saying India did not respond substantively but engaged in rhetoric. “India has made no arguments substantive or otherwise”.
  • The double standards India has engaged in is evident from its submissions itself, Khawar Qureshi.
  • India is seeking to distance itself from the position stated by this Court itself, Khawar Qureshi.
  • Characters from wonderland have no place in this Court, Khawar Qureshi. Pakistan will adopt a real approach to language.
  • On the Report of Military Law Experts – Khawar Qureshi says no inaccuracy in Pakistan’s pleadings on fact. “I challenge India to find any discrepancy in my pleadings on fact”, Khawar Qureshi.
  • On Military Law Experts Report, Pakistan alleges doctoring by India in pleadings.
  • India persists to distract and deflect attention to answer critical questions. India’s accusations devoid of any evidentiary basis, Khawar Qureshi.
  • India believes it does not have a duty to ensure accuracy in its pleadings or effect timely corrections and that there are no consequences for its blatant inaccuracies, Khawar Qureshi.
  • Double standards by India, contends Khawar Qureshi; India asserts that Pakistan failed to comply with 18 MLA requests but when it came to India itself, it had no obligation to comply with Pakistan’s requests in the absence of a bilateral treaty.
(L-R) Senior Counsel Harish Salve, Indian ambassador to the Netherlands, Venu Rajamony and senior Indian diplomat, Deepak Mittal
(L-R) Senior Counsel Harish Salve, Indian ambassador to the Netherlands, Venu Rajamony and senior Indian diplomat, Deepak Mittal
  • Pakistan pointing out inconsistencies in India’s submissions; Is India’s approach suggestive of “hammer the facts, hammer the law”? Is it possible for a party to chop and change without consequences? Khawar Qureshi.
  • India’s conduct cannot go unchecked. This is the court of the international community; not fantasy, not fiction, Khawar Qureshi.
  • India’s core stance has been that the behaviour of States is irrelevant which is incorrect, Khawar Qureshi.
  • A sovereign state is accused of concealing facts, and I am being asked to maintain moderation, Khawar Qureshi.
  • Peshawar High Court had an effective review and reconsideration mechanism, as has been concluded by independent experts, Khawar Qureshi.
  • Then India’s response is that the decision of Peshawar High Court is irrelevant because it is the subject of an appeal. That stance is incorrect, Khawar Qureshi.
  • I have been forced to use forceful language in the face of the brazen distortion of the 2008 agreement and doctoring of military experts report by India, Khawar Qureshi.
  • Pakistan expected India to show some respect to this Court, if not Pakistan; India’s conduct shows total disregard for truth and contempt for accuracy, Khawar Qureshi concludes.
  • Anwar Mansoor Khan, Pakistan’s Attorney General makes concluding remarks; cites Afsal Guru’s case. The Supreme Court of India upheld his death sentence on the ground of satisfying “collective conscience of the society”. Is that a ground for hanging, asks Pakistan.
Anwar Mansoor Khan, Pakistan’s Attorney General makes concluding remarks
Anwar Mansoor Khan, Pakistan’s Attorney General makes concluding remarks
  • Gujarat Riots, Samjhauta Express Blast, Kathua Rape, use of pellet guns being cited by Anwar Mansoor Khan in his concluding remarks.
  • Anwar Mansoor Khan also addressing the issue of confusion between Pakistan Bar Council and Bar Association.
ICJ President Abdulqawi Ahmed Yusuf declares that oral proceedings are closed
ICJ President Abdulqawi Ahmed Yusuf declares that oral proceedings are closed
  • Hearing in International Court of Justice concludes. Oral proceedings closed. Agents of the parties will be informed in due course as to the date on which judgment will be pronounced.
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