Kulbhushan Jadhav case: Pakistan’s adjournment plea citing counsel’s illness turned down by ICJ

By: | Updated: February 19, 2019 4:18 PM

The four-day hearing in the Kulbhushan Jadhav case at the UN court began on Monday. Both India and Pakistan have been given two days each to present their arguments.

Kulbhushan Jadhav caseKulbhushan Jadhav case: Pakistan’s adjournment plea citing counsel’s illness turned down by ICJ

A day after India put Pakistan on the mat at the International Court of Justice (ICJ) in the Kulbhushan Jadhav case, Pakistan on Tuesday moved an adjournment notice citing illness of its lawyer. However, Pakistan’s plea for adjournment was cancelled by the 10-member UN’s top court.

After ICJ rejected Pakistan’s plea, Pakistan’s Attorney General Anwar Mansoor Khan began submitting his argument in the case.

In its arguments, Pakistan’s Attorney General Anwar Mansoor Khan played victim and instead accused India of funding terrorist activities in Pakistan. Khan said India backed terrorist elements and sent spies in Pakistan. “Pakistan is fighting the war against terrorism despite being a victim of terrorism,” he said.

English Queen’s Counsel Khawar Qureshi, who represents Pakistan at ICJ, pointed out that India did not respond to several key questions on Monday when it was allowed to submit its arguments. “India did not state whether he is Kulbushan Jadhav or Hussain Mubarak Patel,” Qureshi said.

On consular access to Jadhav, Pakistan’s lawyer said the consular access agreement doesn’t apply in the case. ”How can India demand consular access when it did not confirm Jadhav’s nationality?”

Qureshi said he is surprised at the country’s attitude and that India is “sitting on a weak wall of lies”.

On Monday, Harish Salve, who was representing India, based his argument on two issues – violation of Vienna Convention on consular access and the process of resolution. He said that the trial of Jadhav by a Pakistani military court did not meet the minimum standards of due process and requested the top court to declare arrest of the Indian national unlawful.

The four-day hearing in the case at the UN court began on Monday. Both India and Pakistan have been given two days each to present their arguments. On Wednesday, India will again reply to Pakistan’s submission and the closing submission will be made by Pakistan on Thursday.

A Pakistani military court had awarded capital punishment to Jadhav (48), a former Indian Navy officer, on charges of espionage without conducting free and fair trial. According to Pakistan’s claim, he was arrested from Balochistan province in March 2016. He had entered the country from Iran illegally with an intention to spy.

However, India has been maintaining that Jadhav was kidnapped from Iran by Pakistani officials and prosecuted wrongly. The hearing at the ICJ comes at a time when tension between India and Pakistan have reached a new level following Pulwama terror attack that left at least 40 CRPF jawans dead.

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