India, Pak face-off at ICJ over Jadhav

Cheryl Sanders
May 16, 2017

While India presented its argument over 90 minutes, Pakistan, which claims that Jadhav is an agent of India's external intelligence agency Research and Analysis Wing (RAW), gets its turn later in the day.

Pakistan has failed to respond to all Indian demands for information about the case, snubbing requests for documents including the charge sheet, and has failed to provide Jadhav with consular access, he told the tribunal.

Pakistan could also assure the ICJ that the spy would not be executed until other forums were fully explored, he said.

The brunt of Salve's argument was that the entire matter of arrest, chargesheet and trial of Jadhav were all done in violation of the UN Charter and Vienna Convention in farcical circumstances and on concocted charges as Jadhav was not given legal assistance to defend himself.

India further said that, in violation of the Vienna Convention, the authorities of Pakistan were denying it its right of consular access to Jadhav, despite its repeated requests.

What if Pakistan does not give a fair trial to Jadhav as we gave to Ajmal Kasav.

The present situation was grave and that is why India had sought ICJ's interference, said Indian attorney Harish Salve said before the court.

He told the court that it is basic to anticipate hopeless harm to Jadhav's rights.

Khawar Qureshi (Pakistan's representative): India's plea for invoking provisions of Article 36 of the Vienna Convention is not relevant in this case.

Visa application filed by Kulbhushan Jadhav's parents is still pending, says Harish Salve.

At the core of the dispute is the fate of Kulbhushan Sudir Jadhav, a former officer in the Indian navy who was arrested in March 2016 in the Pakistani province of Baluchistan.

India asked that Jadhav's death sentence be suspended immediately and be declared illegal under worldwide law.

A military court in Pakistan sentenced Jadhav to death in April after the Field General Court Martial found him guilty of "espionage and sabotage activities" in Pakistan.

Jadhav was arrested in the southwestern province of Balochistan past year and Pakistani officials claim he has confessed to spying for Indian intelligence services.

The ICJ was last a battleground for India and Pakistan almost 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft. "This was done in a military court, the proceeds have not been made public", he said.

Last week, after India challenged the death sentence, Pakistan was asked by the International Court to put it on hold.

India has acknowledged that Jadhav was with the Indian navy and was kidnapped from Iran.

Other reports by iNewsToday