Kulbhushan Jadhav case: Jadhav’s custody without providing consular access should be declared unlawful, says Harish Salve

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Updated:Feb 18, 2019 6:24:34 pm

Kulbhushan Jadhav Case Hearing: Indian national Kulbhushan Jadhav was arrested in 2016 by Pakistan for alleged espionage. He was awarded death sentence by a military court without free and fair trial.

Kulbhushan Jadhav hearing: The hearing comes at a time when tensions are running high between India and Pakistan following the Pulwama terror attack that left 40 CRPF personnel dead. (ANI)

 

 

 

 

 

 

 

 

 

 

 

 

 

Kulbhushan Jadhav Case ICJ Hearing: The International Court of Justice (ICJ) has resumed the public hearing in Kulbhushan Jadhav case, an Indian national arrested in Pakistan for alleged espionage in 2016.

Representing India and Kulbhushan Jadhav in ICJ, Harish Salve read out rules and convention that Pakistan violated by not giving consular access to Kulbhushan Jadhav.

He said: “Jadhav’s custody without providing consular access should be declared unlawful. Pakistan has not disclosed the case based on which it convicted Kulbhushan Jadhav. Its military court by any standard does not satisfy.”

The hearing comes at a time when tensions are running high between India and Pakistan following the Pulwama terror attack that left 40 CRPF personnel dead.

Pakistan will be allowed to make its submissions on Tuesday (February 19). During today’s hearing, New Delhi is expected to argue on humanitarian grounds.

Indian has alleged that Pakistan was breaking international rules and human rights laws by not allowing consular access to Jadhav. India will then file its reply the next day with Pakistan making its closing submissions on February 21.

While Harish Salve will represent India in the case at The Hague, the English Queen’s Counsel Khawar Qureshi will argue for Pakistan.

 

Live Blog

17:23 (IST)18 Feb 2019
Pakistan used Jadhav to build a narrative against India: Harish Salve at ICJ

Pakistan's conduct doesn't inspire confidence that Jadhav can get justice there. Pakistan has in custody an Indian National who has been publicly portrayed to be a terrorist and Indian agent creating unrest in Balochistan. Pakistan used Jadhav to build a narrative against India: Harish Salve at ICJ

(ANI)

17:20 (IST)18 Feb 2019
India seeks relief for Kulbhushan Jadhav at ICJ

I would invite this court to keep in mind the relief to be granted in the backdrop of the fact that his (Kulbhushan Jadhav) trial has been conducted by a military court: Harish Salve at ICJ

17:07 (IST)18 Feb 2019
Demanding consular access can't be an abuse of rights under article 36: India

If article 36 grants rights of consular access in all cases including where allegations of such kind are leveled, then demanding those can't be an abuse of those rights: Harish Salve

16:30 (IST)18 Feb 2019
Kulbhushan Jadhav case LIVE: MEA's Deepak Mittal refuses to shake hands with Pakistan's AG

Government of India's agent and MEA Joint Secretary Deepak Mittal refused to shake hands with Pakistan's Attorney General Anwar Mansoor Khan before the proceedings in Kulbhushan Jadhav case at the International Court of Justice, in The Hague of Netherlands.

15:57 (IST)18 Feb 2019
Pakistan has not complied with treaty obligations: India

Pakistan should have provided a substantial explanation for why it needed three months for providing consular access upon which it could have claimed that it has complied with the treaty obligation. Even on the erroneous premise that para four applies, Pakistan has not complied treaty obligations: Harish Salve 

15:48 (IST)18 Feb 2019
India was dismayed at the manner meeting (Jadhav with his family) was conducted: India

Pakistan offered to allow Jadhav's family to visit him. The terms were agreed and the meeting was held on 25th December, 2017. India was dismayed at the manner in which the meeting was conducted. India wrote a letter on 27 December marking its protest: Harish Salve

15:40 (IST)18 Feb 2019
No evidence that giving consular access would have compromised Pakistan's national security: India

There was no evidence that giving concular access before extracting confession would have hampered Pakistan's national security. There was no explanation of not giving consular access to Jadav (even after confession): Harish Salve

15:28 (IST)18 Feb 2019
No credible evidence has been provided by Pakistan: India

On June 19, 2017, India responded to the request for assistance in the investigation and pointed that not only Jadhav had been denied consular access but no credible evidence have been provided by Pakistan to show his involvement in an act of terrorism. Jadhav's purported confession clearly appears to be coaxed. India reminded Pakistan that it's Pakistan government which hasn't ratified the convention on legal assistance in criminal matters. (ANI)

15:16 (IST)18 Feb 2019
India sought certified copy of chargesheet and military court judgement but not given: India at ICJ

India sought the certified copy of charge sheet, evidence, military court judgement and summary of the copy of the judgement, but no reply was received: Harish Salve at ICJ

15:10 (IST)18 Feb 2019
Pakistan was bound to grant consular access without delay: India

There is no manner of doubt that Pakistan was using this as a propaganda tool. Pakistan was bound to grant consular access without delay: Harish Salve

India on March 30 2016 reminded Pakistan of its request of consular access (for Jadhav) and received no reply. Thirteen reminders were sent by India on various dates: Harish Salve

15:01 (IST)18 Feb 2019
Jadhav custody without providing consular access should be declared unlawful: India

Harish Salve: Jadhav custody without providing consular access should be declared unlawful. Pakistan has not disclosed the case based on which it convicted Kulbhushan Jadhav. Its military court by any standard does not satisfy.  

14:50 (IST)18 Feb 2019
Kulbhushan Jadhav case LIVE: He arrested in Balochistan in 2016 on charges of espionage

Pakistan side claims that Jadhav is an Indian spy, New Delhi maintains that he is a retired Navy official who was kidnapped. Jadhav was arrested in Balochistan in 2016 on charges of espionage and sentenced to death by a Pakistani military court, which was later stayed by the ICJ.

14:46 (IST)18 Feb 2019
Kulbhushan Jadhav case LIVE: Jadhav was arrested by Pakistani officials on March 3, 2016

Jadhav was arrested by Pakistani officials on March 3, 2016, on suspicion of espionage and sabotage activities against the country. After multiple attempts from India to connect with Jadhav, Pakistan in December allowed his family to meet him. 

14:40 (IST)18 Feb 2019
Kulbhushan Jadhav case LIVE: Hearing begins at The Hague, India to get three hours for arguments

India will get three hours for the first round of oral arguments from 10 am to 1 pm in The Hague (2.30 pm to 5.30 pm IST) on Monday. Pakistan will make its arguments at the same time tomorrow (February 19) and both countries will make the second round of oral arguments on February 20 and 21 respectively.

14:08 (IST)18 Feb 2019
Jadhav entered Pak with intent of spying, ICJ told

In its counter-memorial submitted to the ICJ, Pakistan had stated that Kulbhushan Jadhav was not an ordinary person as he had entered the country with the intent of spying and carrying out sabotage activities.

14:03 (IST)18 Feb 2019
Pakistan foreign ministry website hacked

Pakistan's Ministry of Foreign Affairs website was not working in several countries including the US on Saturday. Blaming India for the attack on the website, Foreign Office spokesperson Mohammad Faisal alleged that New Delhi was behind the attack out of fear of the International Court of Justice (ICJ) proceedings against Kulbhushan Jadhav, the Express Tribune reported. The public hearing in the Kulbhushan Jadhav case is slated to commence on Monday before the ICJ.

13:59 (IST)18 Feb 2019
Kulbhushan Jadhav Case Live: Hearing to begin at 2:30 pm

The hearing at the ICJ will begin at 2:30 pm (IST). The hearing will start with India making its argument. On Feb 19, Pakistan will fill its reple. On Feb 20th, India will again be given a change to submit its reply. The hearing will conclude on Feb 21 with final submission made by Pakistan.

13:03 (IST)18 Feb 2019
India claims Pakistan violated Vienna Convention on Consular Relations, 1963

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 Kulbhushan Jadhav.

13:02 (IST)18 Feb 2019
Who is Kulbhushan Jadhav?

Kulbhushan Jadhav, a native of Maharashtra, is a retired Indian Navy officer. He was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. He was wrongly arrested by Pakistani security officials in 2016.

12:20 (IST)18 Feb 2019
Kulbhushan Jadhav sentenced to death by Pakistani military court

Kulbhushan Jadhav was sentenced to death by a Pakistani military court for alleged espionage in April 2017 without free and fair trial. India had then moved the ICJ seeking an order to restrain Pakistan from executing Jadhav till the case was adjudicated on.

12:20 (IST)18 Feb 2019
Kulbhushan Jadhav sentenced to death by Pakistani military court

Kulbhushan Jadhav was sentenced to death by a Pakistani military court for alleged espionage in April 2017 without free and fair trial. India had then moved the ICJ seeking an order to restrain Pakistan from executing Jadhav till the case was adjudicated on.

12:18 (IST)18 Feb 2019
WIll present strong case against Jadhav, says Pakistan

Pakistan's Foreign Minister Shah Mehmood Qureshi has said that his country will present a strong case against alleged Indian spy Kulbhushan Jadhav at the International Court of Justice (ICJ). "Pakistan has all the evidence against Jadhav of sabotage activities inside Pakistan. Jadhav has admitted to being involved in such activities," Qureshi said.

11:57 (IST)18 Feb 2019
Why Pakistan rejected India’s plea for consular access to Jadhav?

Pakistan had rejected India’s plea for consular access to Jadhav at the ICJ. Islamabad had argued that New Delhi wants the access to get the information gathered by its spy. However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.

11:50 (IST)18 Feb 2019
Kulbhushan Jadhav Case ICJ Hearing Live Updates: India says Jadhav atrested from Iran

India has always maintained that Kulbhushan Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. 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.

11:49 (IST)18 Feb 2019
Kulbhushan Jadhav case hearing Live Updates: Pakistan's argument

According to Pakistan claim, its security forces arrested Kulbhushan Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran.

India will ask the United Nations' top court to give consular access to Jadhav who was arrested from Balochistan province and sentenced to death by a Pakistan military court without conducting a free and fair trial. The execution order was, however, put on hold by a 10-member bench of the ICJ on May 18, 2017. Last week, Ministry of External Affairs spokesperson Raveesh Kumar had said that New Delhi will take all steps required to bring Jadhav back. Pakistan, on its part, said that it is fully prepared with strongest evidence and it is committed to implement the decision of the ICJ in the case.
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