India and Pakistan are set for a showdown at the International Court of Justice (ICJ) today with a four-day public hearing in the case of Indian national Kulbhushan Jadhav sentenced to death by a Pakistani military court on charges of espionage.
India moved the ICJ in May 2017 against the "farcical trial" by the military court of Pakistan against 48-year-old Jadhav.
Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.
India first approached the ICJ on May 8, 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.
Supreme Court lawyer Harish Salve is representing India in the case at the ICJ.
Court retires for deliberations
ICJ has retired for deliberations. The Court will advise the date of the judgment"in due time".
Anwar Mansoor Khan, Pakistan's Attorney General, mentions AfzalGuru trial and the trial of Samjhauta Express to point out the alleged unfairness in India's judicial system. "When we talk of the unfortunate incident of Pulwama... India has become the judge and executioner and call themselves the victim without any evidence... Pakistan has the right to ask for proof." Khan also mentions India's alleged use of pellet guns in Jammuand Kashmir.
Anwar Mansoor Khan, Pakistan's Attorney General, is making closing remarks. "Uncalled for criticism made on judicial system of Pakistan... Pakistan has a very robustjudicial review and reconsideration system," says Khan.
Lawyer KhawarQureshimoves towards concluding his arguments on the second and final round of observations. "India's position is as devoid of legal merit now as it was on 8 May 2017... India's claim of relief remains as far fetched now as it was then," Qureshi says.
Lawyer KhawarQureshi responds to India's questioning of Pakistan's military courts.
"Pakistan has maintained dignity throughout these proceedings... and not allowed itself to be provoked," says Lawyer KhawarQureshi.
Lawyer KhawarQureshisays, while referring to Jadhav'spassport, it was rhetoric used by India as a "hollow response".
"India's conduct cannot go unchecked," Qureshi says, accusing India of seeking to twist facts and break the law in order to suit its purpose.
Lawyer KhawarQureshicalls India's National Security Advisor AjitDoval"India's self-styled superspy" and says that if Doval were to come to London, there is a vacancy for an actor to play James Bond.
Lawyer KhawarQureshisays that "India's double standards parades itself".
"India, in its desperation and total disregard for thetruth, India is reduced to equating words allegedly attributed to the secretary of the Lahore High Court Bar Association with the formal position of... Pakistan. How is this not risible?" says Lawyer KhawarQureshi.
Lawyer KhawarQureshisays that India has now "finally" asserted the report of Military Law Experts as 'irrelevant' and that it should be 'completely disregarded'. "... After having doctored the report, India enthusiasticallyembraced the report as being supportive of its conclusions," Lawyer Qureshi says.
Lawyer KhawarQureshiis presenting points about India's conduct(Image:Screen grabof the live proceedings at ICJ via United Nations WebTV)
Pakistan says India has made no substantive arguments during its submission yesterday. "Yesterday India demonstrated its abject failure to respond to evidence..." says Lawyer Khawar Qureshi.
"Pakistan's words, such as nonsense, were unfortunate but were unfortunately required," says LawyerKhawar Qureshi
Pakistan has begun its second and final round of arguments at ICJ.
Pakistan will start its second and final submissionin the case shortly. Here's a recap of what happened yesterday at ICJ, where India presented its final arguments:
Indiaquestioned the functioning of Pakistan's notorious military courts and urged the International Court of Justice (ICJ) to annul Kulbhushan Jadhav's death sentence, which is based on an "extracted confession".
Harish Salve, who was representing India in the case, also said that the time has come for the ICJ to make Article 36 a potent weapon for protecting human rights.
Salve said Pakistan has continued to misuse the opportunity provided by the ICJ in the Jadhav case.
At the start of India's submission, Salve had also objected to the language used by Pakistan during its first submission.
"The language echoed in this court... perhaps this Court may lay down some redlines. The transcript is peppered with words such as shameless, nonesense, disgraceful... India takes exception to being addressed in this fashion in an international court," Salve had said.
Sitting adjourned for the day
The sitting has been adjourned for the day. The court will convene again tomorrow to hear Pakistan's second round of submissions.
Deepak Mittal, Joint Secretary of Ministry of External Affairs made the concluding remarks for India by reading out the relief sought by India with regards to Jadhav.
Pakistan completed this trial in 4 months but 26/11 still pending, says Harish Salve
While Jadhav'strial was completed in four months, 26/11 trial is still pending, saysHarishSalve. "What happened to the 150 people killed in the Mumbai terror attacks?" Salve asks.
The time has come for this court to take this law forward and make Article 36 a potent weapon for protecting human rights: HarishSalve
I would say that there was a time when the world respect Pakistan, but today the world doesn't have the same respect in its present incarnation: HarishSalve, responding to lawyer KhawarQureshi'sstating in Pakistan's submissionyesterday that while he has great respect for India, it does not have the same respect in India's present incarnation.
HarishSalve cites terrorist attacks, including Pulwama attack."The attack received universal condemnation," Salve says. He also cited terrorist attack in Iran, which killed a number of Revolutionary Guards.
In Pakistan, judicial review of Pakistan courts has narrow ambit, they have not interfered with military court decisions many times: HarishSalve.
Domestic law is never a defense against a violation of international law or obligation, says HarishSalve while talking about the military courts in Pakistan trying civilians.
The bilateral agreement of 2008 between India and Pakistan cannot take away rights conferred by Article 36: HarishSalve
Pakistan is relying on reports by the Indian press. But these articles contradict the facts presented in Pakistan's FIR: HarishSalve
Article 36 of the Vienna Convention on Consular relationscame into play after Jadhav'sarrest. If Jadhavhad been involved in subversive activities, irrespective of whether or not he had an Indian passport, he would have been tried for espionage. India has repeatedlyasked for a copy of the judgementconvicting Jadhav, and charges against. There would be no threat to security of Pakistan if they share these documents: HarishSalve
Pakistan's case against Jadhavon the question of passport is yet to be investigated by India: Harish Salve
Pakistan has nothing beyond the extracted confession: HarishSalve
Pakistan had relied on Avena case, which goes against them. According to the case, once there is a probability that a detainee is a foreign national, consular access must be granted: HarishSalve
If Pakistan believes Jadhav's confession, why doubt his nationality? Harish Salve
Pakistan had no doubt that when they arrested Jadhav, he was an Indian national... if Pakistan so closely believe Jadhav'sconfession, why do they doubt his nationality? asks HarishSalve
"Unlike Pakistan India has never needed to deny nationality of its nationals. For Indian nationals are not the kind whose nationality needs denial," says HarishSalve.
The first issue I would like to address is the abuse of process that Pakistan has alleged against India: HarishSalve.
I was surprised to hear about money deposited in Jadhav's account... our team has not found the amount mentioned in the transcript: HarishSalve
Three attempts by Pakistan to derail proceedings... have been rejected by the ICJ: HarishSalve
Pakistan in its oral submission indicatethat any execution of Jadhavwould... probably not take place before the end of August: HarishSalve
Pakistan did not have an answer to the criticism of... European Parliament and Human Rights Committee: HarishSalve
India hammered facts, while Pakistan hammered the table: HarishSalve
Humpty Dumpty has no place in this court, says HarishSalve.
"The language echoed in this court... perhaps this Court may lay down some red lines. The transcript is peppered with words such as shameless, nonesense, disgraceful... India takes exception to being addressed in this fashion in an international court. Indian culture prevents me from similar language of... insult," says HarishSalve, taking objection to the language used by Pakistan during its submission yesterday.
I start with some issues which should never detail this court.... but since they have arrived... I propose to deal with them briefly: Harish Salve
India's second, and final,round of arguments in the International Court of Justice to begin shortly.
Earlier in the day, the ICJ had refused to entertain Pakistan's request to adjourn the hearing in the caseto appoint a new ad-hoc judge.Pakistan had asked the judge to adjourn the case, citing the illness of it ad-hoc judge. Tassaduq Hussain Jillani, the ad-hoc judge for Pakistan in the ICJ suffered a cardiac attack ahead of the hearing.
Pakistan had responded to India at the International Court of Justice in the case of Kulbhushan Jadhav, insisting that the Indian Navy officer was a "spy" and not a businessman.
The four-day hearing in the Jadhav case opened February 18 at the UN court headquarters in The Hague amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammad terror group that killed at least 40 CRPF soldiers.
"India, I am sorry to say, has demonstrated a lack of faith throughout these proceedings... good faith is part of international law," lawyer Khawar Qureshihad said.
"India doesn't know Pakistan, Pakistan is a state that has provided the largest contingent for peacekeeping, whose soldiers have lost lives in pursuing world security," he had said.
The Court will resume at 07.30 pm IST todayfor the second round of India's argument.
LawyerKhawarQureshistarts submitting Pakistan's nine-point concluding arguments(Image:Screen grabof the live proceedings at ICJ via United Nations WebTV)
Why did India come to ICJ for provisional measures instead of raising the issue with Pakistan in 2016? asks LawyerKhawarQureshi.
LawyerKhawarQureshisays that India's claim for acquittal, release and return of Jadhavis "outlandish".
What Pakistan is asking India to do reasonably, is to assist., What does India say? They note the willingness of Indian side to provide Counselor access: Lawyer KhawarQureshi(Image:Screen grabof the live proceedings at ICJ via United Nations WebTV)
