live

Kulbhushan Jadhav case updates: Sitting adjourned in ICJ; Pakistan to make first round of arguments tomorrow

Kulbhushan Jadhav ICJ hearing LIVE updates: Before Harish Salve concluded his arguments for India, he sought the annulment of Jadhav's conviction and a direction that he be released. The sitting has been adjourned for the day. Pakistan will make its first round of arguments on Tuesday.

FP Staff February 18, 2019 17:36:28 IST
Auto refresh feeds
Kulbhushan Jadhav case updates: Sitting adjourned in ICJ; Pakistan to make first round of arguments tomorrow
  • The ICJ will hold public hearings in the Jadhav case from 18 to 21 February

  • A Pakistani military court had sentenced Jadhav to death on charges of espionage and terrorism in April 2017

  • India approached the ICJ for 'egregious' violation of the Vienna Convention by Pakistan in Jadhav's case

Highlights

LIVE NEWS and UPDATES

Feb 18, 2019 - 17:36 (IST)

Have your say:

Feb 18, 2019 - 17:30 (IST)

Sitting adjourned for the day; Pakistan will make its first round of arguments tomorrow

Before Harish Salve concluded his arguments for India, he sought the annulment of Jadhav's conviction and a direction that he be released.

 

Feb 18, 2019 - 17:28 (IST)

Pakistan must face consequences for violating Jadhav's rights

"Rights of Kulbhushan Jadhav and India have been brazenly violated by Pakistan, consequences must follow," says Harish Salve.

Feb 18, 2019 - 17:25 (IST)

'Pakistan used Jadhav to build narrative against India'

"Pakistan's conduct doesn't inspire confidence that Jadhav can get justice in Pakistan. There is no domestic remedy of the breach of Article 36, that is extremely important. Pakistan has used Jadhav to build a narrative against India," Harish Salve says.

Feb 18, 2019 - 17:12 (IST)

Kulbhushan's trial conducted by military court, Salve reminds ICJ

"I would invite this court to keep in mind the relief to be granted in the backdrop of the fact that his trial has been conducted by a military court," says Harish Salve.

Feb 18, 2019 - 17:04 (IST)

'Pakistani military courts gave death penalty to 161 civilians in opaque manner'

"Proceedings in Pakistani military courts fall far short of international standards. In the last two years, military courts have been allowed to convict civilians. 161 civilians have been given death sentence in an opaque manner," says Harish Salve.

Feb 18, 2019 - 16:58 (IST)

'Pakistan's conduct in case is abuse'

"Pakistan's conduct in overall case is abuse. It played a doctored video in the house of proceedings. The mere exercise of one's right should not be considered abuse. Pakistan is abusing its right to defend itself in these proceedings," says Harish Salve.

Feb 18, 2019 - 16:50 (IST)

Salve says Pakistan's charges against India have no role to play in proceedings
"Pakistan has suggested that there has been abuse... None of these grounds bear scrutiny. These allegations have no role to play in the present proceedings. The first and second grounds are rhetoric. If Article 36 grants rights of consular access, then demand of rights can't be abuse of those rights," says Harish Salve.

Feb 18, 2019 - 16:30 (IST)

'Strictest guarantees must be undertaken in death penalty cases'

Citing from a judgment of an Inter-American court, Harish Salve says, "Strictest and most rigorous guarantees must be undertaken in cases of death penalty."

Feb 18, 2019 - 16:28 (IST)

MEA joint secretary Deepak Mittal and Pakistan's AG Anwar Mansoor Khan before the proceedings

Kulbhushan Jadhav ICJ hearing LATEST updates: Before Harish Salve concluded his arguments for India, he sought the annulment of Jadhav's conviction and a direction that he be released. The sitting has been adjourned for the day. Pakistan will make its first round of arguments on Tuesday.

Representing India and Kulbhushan Jadhav in ICJ, "Rights of Kulbhushan Jadhav and India have been brazenly violated by Pakistan, consequences must follow."

"Consular access has to be given before brought to trial. If consular access is jettisoned, it would render Article 36 a dead letter. No credible evidence was provided by Pakistan to show his involvement in any act of terrorism and his purported confession clearly appeared to be coerced," said Salve.

Pakistan has declined to reveal which specific events in relations to which Jadhav stands convicted, India submits.

"India would have to inquire the circumstances under which the alleged passport was acquired," Salve said of the correspondence between the two countries in early 2018.

Salve provides chronological order of the case. "In April 2016 and FIR was registered against Jadhav. In May 2016, Jadhav was interrogated, and India sent reminders for consular access across May, June, and July," Salve says.

Advocate Salve dissects case. "I will first focus on the relevant issues: The structure of the Vienna Convention, theinterpretation of it in this case, and the process of resolution. I will resist the temptations to engage with the accusations made on the passport," Salve said.

 India begins presentation in case. This case concerns an Indian national of Mr Kulbhushan Jadhav through "farcicial trial" by a military court in Pakistan. I thanks the court, its order saved the life of an innocent India," India submits.

"Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed before the final decision in this proceeding, and shall inform the court of all measures taken to implement the order. Until the court has given its final decision in the case, it shall remain seized of the matter that form the subject matter of this case," the court said as a recap of the 8 May 2017 order.

The oral proceedings in the Kulbhushan Jadhav case will commence from Monday before the International Court of Justice (ICJ) at The Hague. The four-day trial is scheduled for 18-21 February. India will present its arguments before the court for three hours on Monday and Pakistan on Tuesday.

Jadhav, 48, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India moved the ICJ in May in 2017 against the verdict. A 10-member bench of the ICJ on 18 May, 2017, had restrained Pakistan from executing Jadhav till adjudication of the case. Ministry of External Affairs spokesperson Raveesh Kumar declined to go into the details of it.

India has sent over 100 note verbales to Pakistan seeking consular access to Jadhav, but its request has been denied repeatedly. In its appeal to the ICJ, India has sought to have Jadhav's death sentence revoked as the opaque manner in which the Pakistani military court handed down the sentence is in question.

Kulbhushan Jadhav case updates Sitting adjourned in ICJ Pakistan to make first round of arguments tomorrow

A file image of Kulbhushan Jadhav.

Pakistan has maintained that the ICJ does not have jurisdiction in this matter as it is a criminal case.

"The oral proceedings on the International Court of Justice are commencing on 18 February. India will present its case before the court. Since the matter is subjudice it is not appropriate for me to state our position in public. Whatever we have to do, we will do at the court," he said in response to a question.

The ICJ, the principal judicial organ of the United Nations, will hold public hearings in the Jadhav case from 18 to 21 February, 2019, according to the ICJ website.

High-profile advocate Harish Salve is fighting the case for India at the ICJ. He has charged the Indian government a token fee of Re 1 to take up Jadhav's case. "The basic rights of Jadhav were thrown to the winds. The situation is grave, it is urgent, and hence, we approached this court at such short notice," Salve had argued in court at the last hearing. Advocate Khawar Qureshi is representing Pakistan in the case.

Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on 3 March, 2016, after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. New Delhi has said that Jadhav was carrying out legitimate businesses at the Chabahar Port in Iran and not involved in any "subversive activities" in Balochistan as claimed by Islamabad. India claims that Pakistan kidnapped Jadhav from Iran and took him to Balochistan to incriminate him.

Jadhav's sentencing had evoked a sharp reaction in India. India had approached the ICJ for "egregious" violation of the provisions of the Vienna Convention on Consular Relations, 1963, by Pakistan in Jadhav's case.

Updated Date:

Find latest and upcoming tech gadgets online on Tech2 Gadgets. Get technology news, gadgets reviews & ratings. Popular gadgets including laptop, tablet and mobile specifications, features, prices, comparison.

also read

Rajnath Singh says Pakistan and China creating border disputes 'as if part of a mission'
India

Rajnath Singh says Pakistan and China creating border disputes 'as if part of a mission'

Singh added that despite the border tensions, the country was not only resolutely facing them but also bringing about "historical changes in all sectors of development"

India observes 22 October as Black Day to mark 1947 invasion of J&K by Pakistani raiders; two-day symposium to feature photos, videos from siege
India

India observes 22 October as Black Day to mark 1947 invasion of J&K by Pakistani raiders; two-day symposium to feature photos, videos from siege

The day seeks to remind the world how Pakistan has been responsible for the unrest in the region, leading to continuous conflict, violence and terrorism in Kashmir, government officials said

'Very hard' for India to have normal ties with Pakistan as cross-border terrorism continues, says S Jaishankar
India

'Very hard' for India to have normal ties with Pakistan as cross-border terrorism continues, says S Jaishankar

The External Affairs Minister also said that Islamabad doesn't conduct normal trade with India and has not given New Delhi the MFN status