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

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.

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.

‘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.

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.

Harish Salve representing Kulbhushan Jadhav in International Court of Justice: 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 pic.twitter.com/0gM8obyP8d

— ANI (@ANI) February 18, 2019

‘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.

‘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.

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.

‘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.”

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

The Hague (Netherlands): Government of India's agent Deepak Mittal, Joint Secretary, MEA and Pakistan's AG Anwar Mansoor Khan before the proceedings in Kulbhushan Jadhav case at the International Court of Justice. pic.twitter.com/QmZntyMFKG

— ANI (@ANI) February 18, 2019

Harish Salve resumes submissions for India

Court adjourns for 10 minutes

‘Pakistan hasn’t complied with treaty obligations’

Representing India and Kulbhushan Jadhav in ICJ, Harish Salve says, “Pakistan should’ve provided a substantial explanation for why it needed three months for providing consular access, upon which it could’ve claimed that it has complied with treaty obligation. Even on erroneous premise that paragraph 4 applies, Pakistan hasn’t complied with treaty obligations.”

Salve lists chronology of events after Pakistan offered Jadhav’s family to visit him

“Pakistan offered to allow Jadhav’s family to visit him, the terms were agreed and the meeting was held on 25 December, 2017. India was dismayed at the manner the meeting with Jadhav’s family was conducted and wrote a letter on 27 December marking its protest,” he says.

Harish Salve in ICJ: Pakistan offered to allow Jadhav's family to visit him, the terms were agreed & the meeting was held on 25th December, 2017. India was dismayed at the manner the meeting with Jadhav's family was conducted & wrote a letter on 27 December marking its protest pic.twitter.com/NowhpGYZKy

— ANI (@ANI) February 18, 2019

Harish Salve argues on 2008 bilateral agreement between India, Pakistan

“Bilateral treaties cannot modify Article 36 of Vienna Convention. It could only supplement it,” says Harish Salve in ICJ.

Pakistan took confession before FIR, says India

“Pakistan ignored 13 reminders sent by India for consular access. The lack of access was unlawful,” Salve says.

Pakistan has rendered Article 36 a dead letter, says Salve

“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,” says Salve.

Jadhav had to endure torture for three years, India submits

“Pakistan used confession document as propaganda. Pakistan has disrespected the Vienna Convention,” Salve said.

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.

Jadhav’s purported confession was coerced, India said

“Yet another confessional video, purportedly made in 2017, was also released in 2017,” Salve said. India continued to request for consular access. Jadhav is unlikely to have been awarded the death sentence on the basis of being in possession of a passport with a different name," Salve said.

‘Pakistan was bound to give consular access to India,’ Salve says

“Pakistan is bound to give consular access to India without any further delay. Pakistan did not disclose the date of detention as well. No document of Jadhav’s trail was given to India. Despite repeated attempts for immediate consular access Pakistan has not done that so far,” Salve said.

“All political parties are unanimous that the foreign national given the death sentence was the correct decision, the whole nation is solidly united against the threat to Pakistan’s safety,” Salve quoted a press release by Pakistan, asserting that this statement would be relevant for the court’s decision.

Jadhav was tried under the Official Secrets Act

Pakistan said that Jadhav confessed that he was authorised by Indian agency RAW to conduct espionage activities, Salve submits before the court.

Pakistan didn’t send details to India before handing over death sentence, says Salve

Pakistan didn’t send any details of the probe conducted by the Joint Investigation Team before informing the Indian side about the death sentence handed over to him. Jadhav was not appointed any lawyer during his trial by the Pakistani military court either.

Pakistan asks for India’s assistance in “quick conclusion” of the case

“The letter stated that Jadhav had named his so-called “handlers”, it also sought India’s assistance in locating his wife. It suggested covert measures to do so.

India reminded Pakistan for access for the eighth time. It appears that the trial was concluded in 2017, and Pakistan responded to the reminder saying that consular access would be provided based on India’s assistance in “quick conclusion” of the case,” Salve said.

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.

India gives details of requests for consular access

“There is no manner of doubt that Pakistan was using this as a manner of propaganda, it was bound to give consular access without delay. India reminded Pakistan for consular access — 13 reminders were sent — but to no avail,” Salve said.

‘It was clear that the confession was extracted,’ said Salve

Salve chronicles Jadhav’s case, including when it informed New Delhi about his arrest and the release of his supposed “confessional” video. He highlights that Pakistan withheld facts, such as the date of his arrest, which says “first week of March”.

Advocate Salve dissects case

“I will first focus on the relevant issues: The structure of the Vienna Convention, the interpretation 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.

Advocate Salve slams Pakistan for cross-border terrorism

Pakistan didn’t release even the fundamental details of the charges against him. Pakistan has raised a host of issues which do not have any real relevance to these proceedings. Pakistan has been encouraging cross-border terrorism.

Advocate Harish Salve explains case

The case is simple, there are two broad issues that arise in the case. Pakistan is in egregious violation of the Vienna Convention for denying consular access to Kulbhushan Jadhav multiple times, the senior advocate Harish 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.

Court recaps 8 May 2017 verdict in Kulbhushan Jadhav case

 “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.

Hearing at ICJ begins

Panel of judges presents recap of the case.

ICJ’s decision likely by April-May 2019

It is expected that the ICJ’s decision may be delivered by the summer of 2019. India first approached the ICJ on 8 May, 2017 for the “egregious violation” of the provisions of the Vienna Convention on Consular Relations, 1963 by Pakistan by repeatedly denying it consular access to Jadhav.

India will make arguments first today

While India will argue first on Monday, Pakistan will get its chance to make submissions on Tuesday. Then India will reply on Wednesday while Islamabad will make its closing submissions on Thursday.

Kulbhushan Jadhav trial comes within a week of Pulwama terror attack

India and Pakistan will face off in the Kulbhushan Jadhav case, which comes at a time when the bilateral relations between the two neighbours are at an all time low. The hearing comes less than a week after a deadly terror attack on a CRPF convoy by Pakistan-based terror outfit Jaish-e-Mohammad in Jammu and Kashmir.

10-member ICJ bench had restrained Pakistan from conducting exe****cution

A 10-member bench of the ICJ on May 18, 2017, had restrained Pakistan from executing Jadhav till adjudication of the case.

ICJ hearing in Kulbhushan Jadhav case to begin shortly

The oral proceedings in the Kulbhushan Jadhav case will commence today before the International Court of Justice at The Hague. Jadhav, 48, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India moved the International Court of Justice (ICJ) in May the same year against the verdict.