Kulbhushan Jadhav case updates: ICJ hearing adjourned till Thursday after India submits final arguments

ICJ president Abdulqawi Ahmed Yusuf speaks on appointment for ad-hoc judge for Pakistan

“Judge ad-hoc Gilani (chosen by Pakistan) was given case files and participated in all court deliberations before these hearings. He will receive all transcripts of oral proceedings,” ICJ president Abdulqawi Ahmed Yusuf said.

“The ad hoc has been participating in the case and may continue to do so. There is, in view of  the circumstances, a possibility of such a sitting at appropriate time in the near future.”

Harish Salve concludes arguments

“The time has come for this court to make Article 36 a potent weapon for protection of human rights,” said Harish Salve, concluding his arguments.

Harish Salve responds to Qureshi’s remarks on “respect” for India

Recalling the remarks by Pakistan’s counsel about his respect for India, Harish Salve said, “There was a time when the world had respect for Pakistan.”

‘Jadhav a pawn in Pakistan’

Harish Salve said that Jadhav has become a “pawn” in Pakistan’s “tool to divert international scrutiny from itself.” He referred to “dastardly” terror attack on the CRPF personnel in Pulwama on 14 February.

Harish Salve cites SC’s 26/11 observations

“In Kasab case, the Supreme Court of India held that since it is case of death sentence, they examined materials on record first-hand. This is called review,” said Harish Salve.

Salve slams Pakistan for citing Peshawar HC judgment in ICJ

“Supreme Court of Pakistan has suppressed operation of Peshawar High Court cited by Pakistan, Salve. On one hand, Pakistan is challenging that judgment in Supreme Court, on the other it is citing it in ICJ,” Harish Salve said.

Harish Salve submits arguments on Pakistan’s military courts

“International Commission of Jurists and European Parliament have criticised the functioning of Pakistan’s military courts. Pakistan has defended them by relying on reports by military experts,” Harish Salve said in the ICJ.

India slams Pakistan for claiming to have evidence on basis of news reports

“Pakistan relied on reports by the Indian press. These articles contradict the facts in Pakistan’s FIR,” says Harish Salve.

‘India repeatedly asked for copy of judgment convicting Jadhav’

Harish Salve said that India has repeatedly asked for a copy of the judgment convicting Jadhav, and the charges against him. “There would be no threat to security of Pakistan if they share these documents,” he said.

‘Indian nationals are not the kind whose nationality needs to be denied’

On Pakistan question Kulbhushan Jadhav’s nationality, Harish Salve said, “13 reminders were sent. Pakistan didn’t reply or question Jadhav’s nationality. If Pakistan was protesting that an Indian national was carrying subversive activities, what there a need to assert the nationality of its citizen? Indian nationals are not the kind whose nationality needs to be denied… If Pakistan believes his confession, why do they question his nationality?”

Harish Salve says Pakistan made three failed atempts to derail proceedings 

“Three attempts made by Pakistan to derail proceedings in this court have failed,” Ex-solicitor general Harish Salve, who is representing India in the Kulbhushan Jadhav case, said.

Harish Salve takes a dig at Pakistan

Asserting that India believes it has a strong case, Harish Salve said, “As old lawyer saying goes ‘When you are strong on law you hammer the law, when you are strong on facts you hammer the facts and when you are strong on neither you hammer the table’. Berefet of a case, Pakistan has hammered the proverbial table.”

Harish Salve at ICJ: As old lawyer saying goes 'When you are strong on law you hammer the law,when you are strong on facts you hammer the facts and when you are strong on neither you hammer the table'.Berefet of a case,Pakistan has hammered the proverbial table. #KulbhushanJadhav pic.twitter.com/XESfMmjmfo

— ANI (@ANI) February 20, 2019

‘ICJ doesn’t need experts to aid decision on Pakistani military courts’

Speaking on India’s criticism of the military courts in Pakistan, Harish Salve said, “This court doesn’t need experts to help it decide whether military courts in Pakistan are due process compliant. Pakistan has mischaracterised India’s reading of the report on military courts as an attempt to mislead the court.”

‘India takes exception to being insulted before ICJ’

Harish Salve said, “Transcript is peppered with words such as shameless, nonsensical, laughable, breathtaking, arrogance. India takes exception to being addressed in this fashion. I would let the matter rest as Indian culture prevents me from indulging in a similar language of insults.”

‘India believes it has a strong case’

Harish Salve said that India believed it has a strong case and “so we have hammered the facts and the law”. Backing it’s tone in the ICJ, which was criticised by Pakistan on Tuesday, Salve said, “The language which has echoed in this court is so that such misadventures are not repeated,” he said.

India begins presentation 

Representing India, senior advocate Harish Salve has begun his arguments in the second round of oral submissions on Wednesday. “A criticism of a sovereign state of the case made out of the other state must be in language consistent with the dignity of other states. Humpty Dumpty has no place in this court,” he said, lashing out at Pakistan.

RECAP | ICJ refused to entertain Pakistan’s request to adjourn hearing

Pakistan, at the hearing of the hearing on Tuesday, asked the ICJ to adjourn the hearing in Kulbhushan Jadhav case, citing the illness of its ad-hoc judge. Tassaduq Hussain Jillani, the ad-hoc judge for Pakistan in the ICJ suffered a cardiac attack ahead of the hearing.

Attorney General Anwar Mansoor Khan, representing Pakistan, said: “Pakistan would like to place before the court that another judge to be sworn in which right has been provided under Article 35-5 and the judge be given ample amount of time to go through the briefings before going ahead with arguments.” But the court declined Pakistan’s plea and asked it to continue argument in the absence on ad-hoc judge.

RECAP | Pakistan urged ICJ to dismiss India’s plea

Pakistan on Tuesday urged the ICJ to dismiss India’s plea in the Kulbhushan Jadhav case, as it accused New Delhi of using the top UN court for “political theatre”.

Making submissions on Pakistan’s behalf, counsel Khawar Qureshi said, “India’s application should be declared inadmissible by reason of India’s conduct in this context manifesting abuse of rights, lack of good faith, illegality, lack of clean hands and misrepresentation.”

RECAP | Pakistan’s six questions to India

On the official website of Pakistan’s Ministry of Foreign Affairs, a section titled ‘The Jadhav Case (India v Pakistan) – Updated Key Facts Sheet’ mentioned six “key points which India will need to answer”:

“India says Jadhav was an innocent Indian national who was kidnapped from Iran to make him confess to being an Indian RAW agent. India has failed to make good this allegation despite repeated requests for evidence that he was kidnapped. Why not?”

“India says Jadhav retired from the Indian Navy — India has failed to explain when/why he retired (he was only 47 years old when arrested). Why not?”

RECAP | India urged ICJ to annul Jadhav’s death sentence during first round of arguments

India on Monday urged the International Court of Justice (ICJ) to annul Kulbhushan Jadhav’s death sentence by a Pakistani military court and order his immediate release, saying the verdict based on a “farcical case” hopelessly fails to satisfy even the minimum standards of due process.

“Military courts of Pakistan cannot command the confidence of this court and should not be sanctify by a direction to them to review and re-consider the case. India seeks annulment of Jadhav’s conviction, and directions that he be released forthwith,” said Harish Salve, the lawyer representing India and Jadhav in the case at the ICJ.

India set to make second round of arguments at 7.30 pm

India will have a maximum of 90 minutes to submit its final arguments in the Kulbhushan Jadhav case. Pakistan will also get 90 minutes to respond to India’s arguments on Thursday.

The ICJ is expected to deliver its verdict in the summer of 2019.