The fate of former Indian Navy official Kulbhushan Jadhav will be decided in the International Court of Justice on Monday. The ICJ, which is the UN’s principal judicial organ, is holding a public hearing at the Great Hall of Justice housed in the Peace Palace at The Hague in Netherlands where the India and Pakistan are presenting their case over the contentious Jadhav issue.
India presented its case at 1:30 PM IST, while Pakistan has allotted time to present its defence at 6:30 PM.
India on May 8 moved a petition before the UN body to seek justice for Kulbhushan Jadhav, 46, alleging a violation of the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access to the former naval officer was consistently denied.
A Pakistani military court awarded death sentence to Jadhav last month for alleged espionage and subversive activities. Pakistan has also not responded to the request for visas applied by Jadhav’s family. Jadhav was arrested on March 3 last year.
Here are the updates:
#3:04 PM:India doesn’t invite ICJ to sit in appeal over Pak court ruling, but protect our rights: Salve at ICJ
#3:00 PM: Rights of article 36 are sacrosanct, rights of consular access are significant in human rights and international law:Harish Salve in ICJ
#2:45 PM: A subsequent declaration on the title of jurisdiction does not limit the jurisdiction of an old declaration/treaty: Salve
#2:40 PM: In case of several titles of jurisdiction, parties can rely on any title; India relies on jurisdiction of ICJ: Salve in Hague
#2:39 PM: We want appropriate legal representation for #KulbhushanJadhav, India tells ICJ
#2:35 PM: Kulbhushan Jadhav was framed on confessional statements extracted from him when he was in Pakistan's military custody: India at ICJ
#2:30 PM: Kulbhushan Jadhav's confession was under duress while he was in military custody: India at ICJ
#2:29 PM: India's position has been consistent that Jadhav was kidnapped from Iran and confession was extracted in military custody: Harish Salve
#2:25 PM: After the clemency, there will no other legal course of action left for Jadhav: Harish Salve at ICJ
#2:25 PM: No indications whether Jadhav can seek or receive clemency: Harish Salve
#2:25 PM: It is clear that Jadhav will not wait for 60th day to seek clemency from Pakistan, it is not clear whether he will seek clemency at all or not: Harish Salve at ICJ
#2:23 PM: Human rights which are treated as "basics" have been thrown to the wind by Pak, says India
#2:21 PM: Visa applications of Jadhav's families are still pending: Harish salve at ICJ
#2:20 PM: Article 36 of Vienna Convention has been violated. Pak did not inform India at the time of Kulbhushan Jadhav's arrest: Harish Salve at ICJ
#2:15 PM: HarishSalve references the US-Germany LaGrande case regarding the implementation of interim measures in ICJ
#2:15 PM: Harish Salve relies on Pak Press Reports - “ISI has claimed no consular access will be available to Jadhav”
#2:15 PM: India calls for immediate suspension of Kulbhushan Jadhav's sentence, accuses Pak of violating Vienna Convention of consular access
#2:15 PM: Farcical trial conducted in Pakistan Military Court. No Chargesheet provided by Pakistan: Harish Salve at ICJ
#2:10 PM: Salve cites 3 instances on ICJ intervention in case of violation of Vienna convention
#2:10 PM: The present situation is grave and that is why India has sought the indulgence of ICJ: Harish Salve, Counsel for India
#2:10 PM: Pakistan refused to communicate to consular services; violated rights all along: Harish Salve
#2:10 PM: Pak refused to provide evidence they have against Kulbhushan Jadhav so that India can provide him legal assistance: Salve at ICJ
#2:06 PM: India's counsel Harish Salve says the ICJ need only consider the "plausibility" of the merits of the Kulbhushan Jadhav case
#2:04 PM: India has made innumerable requests for consular access which were denied by Pakistan: Harish salve at ICJ
#2:01 PM: Harish Salve begins presenting India's arguments, thanks ICJ for immediate hearing
#2:00 PM: The matter of Kulbhushan Jadhav case is within the jurisdiction of Vienna Convention and thus within the Ambit of this court: India at International Court of Justice
#1:50 PM: Pakistan is in violation of the Vienna Convention: India at International Court of Justice
#1:50 PM: India begins the arguments, Deepak Mittal presents opening statements
#1:30 PM: ICJ begins hearing the matter, India first to present the case
#10:15 AM: India has a very good case.It is clear Pak violated all rules, both in trial & human rights: AG Mukul Rohatgi on ICJ hearing
Pakistan’s defence strategy
India has accused Pakistan of violating the Vienna Convention on Consular Relations by denying access to Kulbhushan Jadhav despite 16 requests to do so.
Pakistan is preparing a strategy to “forcefully” defend its position before the ICJ. The recommendations, prepared by Pakistani Attorney General Ashtar Ausaf and submitted to PM office, outline the strategy on how Pakistan could plead the case before the Hague-based ICJ, which has stayed Jadhav’s execution.
Ausaf said that it was necessary to keep all measures and options confidential so that the other side might not know the strategy being devised. Ausaf, who held marathon meetings for two days with the officials of the Foreign Office and the Law Ministry, is expected to represent Pakistan before the ICJ.
But he did not rule out the possibility of engaging someone from abroad. However, he acknowledged that time was short since the hearing would begin on May 15.
Ausaf said a robust reply would be given by Pakistan in a forceful manner. An expert on international law said Pakistan could raise the issue of jurisdiction before the ICJ, citing a 1999 case pertaining to the shooting down of an Atlantique aircraft in which India had refused to accept the court’s jurisdiction on the pretext that it could not hear cases related to disputes between the Commonwealth countries.
Last ICJ battle between India and Pakistan
The ICJ was last a battleground for India and Pakistan nearly 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft. The case was related to shooting down of Pakistan’s maritime reconnaissance aircraft Atlantique by the Indian Air Force (IAF) in the Kutch region on August 10, 1999, killing all 16 naval personnel on board. Pakistan claimed the plane was brought down in its air space and sought 60 million USD in damages from India for the incident.
A 16-judge bench of the court on June 21, 2000 voted 14-2 to dismiss Pakistan’s claim. The decision was announced by bench president Gilbert Guillaume of France at a public sitting. The verdict was final and there was no appeal. The ICJ found that it has no jurisdiction to entertain the application filed by Pakistan on September 21, 1999.
(With Inputs from PTI)