Kulbhushan Jadhav, arrested in March last year by Pakistan, was held guilty of spying.
Hague:
Pakistan today said Kulbhushan Jadhav, the Indian sentenced to death by its military court, has 150 days to legally challenge his penalty and seek mercy. Responding to India's charges at the International Court of Justice, the country ruled out any immediate execution.
A panel of 11 judges today heard both India and Pakistan on Kulbhushan Jadhav, who was arrested last year and then convicted of spying by a Pakistani military court, which sentenced him to death.
India has demanded that the world court immediately suspend Mr Jadhav's sentence, fearing that Pakistan could execute him even before the hearing was over.
"Jadhav has not got the right to get proper legal assistance and the right to consular access. There is an immediate threat to him to be executed even before a decision is passed," joint secretary in the Ministry of External Affairs, Deepak Mittal, told the court in opening remarks.
Pakistan said Mr Jadhav had a 150-day period to seek clemency and could challenge his sentence in the high court. There was, said the country, "no immediate threat" of execution as India had said.
"We don't see the merit in a state which sends a spy and is seeking access to a tool for terror," Pakistan said, calling India's appeal on Mr Jadhav "unnecessary and misconceived".
A Pakistani official said India had been provided a copy of Mr Jadhav's passport when he was arrested but it had been unable to explain the Muslim name. "When we sought help with the provision of evidence, we only got deafening silence," said Dr Muhammad Faizal, the lawyer representing Pakistan's case.
India asked that Mr Jadhav's death sentence be suspended immediately and be declared illegal under international law. "The situation is grave, it is urgent, and hence we approached this court at such short notice," senior lawyer Harish Salve, representing India, told the UN court.
Pakistan, said Mr Salve, had repeatedly denied consular access to India and no document of Mr Jadhav's trial process was given by Islamabad. Describing Mr Jadhav's trial as "farcical", Mr Salve said the Indian was given a lawyer when the trial was nearly over. "The basic rights of Jadhav were thrown to the winds," he said.
Pakistan said consular access cannot apply to a "spy involved in terror activities".
Mr Jadhav, 46, arrested in March last year by Pakistan, was held guilty by the country's military court of spying and subversive activities. India says that Mr Jadhav was kidnapped from Iran, where he was running a business after retiring from the Navy.
A panel of 11 judges today heard both India and Pakistan on Kulbhushan Jadhav, who was arrested last year and then convicted of spying by a Pakistani military court, which sentenced him to death.
India has demanded that the world court immediately suspend Mr Jadhav's sentence, fearing that Pakistan could execute him even before the hearing was over.
"Jadhav has not got the right to get proper legal assistance and the right to consular access. There is an immediate threat to him to be executed even before a decision is passed," joint secretary in the Ministry of External Affairs, Deepak Mittal, told the court in opening remarks.
Pakistan said Mr Jadhav had a 150-day period to seek clemency and could challenge his sentence in the high court. There was, said the country, "no immediate threat" of execution as India had said.
"We don't see the merit in a state which sends a spy and is seeking access to a tool for terror," Pakistan said, calling India's appeal on Mr Jadhav "unnecessary and misconceived".
A Pakistani official said India had been provided a copy of Mr Jadhav's passport when he was arrested but it had been unable to explain the Muslim name. "When we sought help with the provision of evidence, we only got deafening silence," said Dr Muhammad Faizal, the lawyer representing Pakistan's case.
India asked that Mr Jadhav's death sentence be suspended immediately and be declared illegal under international law. "The situation is grave, it is urgent, and hence we approached this court at such short notice," senior lawyer Harish Salve, representing India, told the UN court.
Pakistan, said Mr Salve, had repeatedly denied consular access to India and no document of Mr Jadhav's trial process was given by Islamabad. Describing Mr Jadhav's trial as "farcical", Mr Salve said the Indian was given a lawyer when the trial was nearly over. "The basic rights of Jadhav were thrown to the winds," he said.
Pakistan said consular access cannot apply to a "spy involved in terror activities".
Mr Jadhav, 46, arrested in March last year by Pakistan, was held guilty by the country's military court of spying and subversive activities. India says that Mr Jadhav was kidnapped from Iran, where he was running a business after retiring from the Navy.
Track Latest News Live on NDTV.com and get news updates from India and around the world
