Hague: India is presenting its case at the International Court of Justice, seeking cancellation of the death sentence of Kulbhushan Jadhav - an Indian national, accused of spying by Pakistan. On Day 3 of the case hearing, India replied to Pakistan. Kulbhushan Jadhav was sentenced to death by a Pakistani military court on charges of espionage and terrorism in 2017. India had approached the Hague-based International Court of Justice for "egregious" violation of the provisions of the Vienna Convention on Consular Relations, 1963, by Pakistan in the case. The International Court of Justice had halted his execution on India's appeal pending the final verdict by it.
Senior advocate senior Harish Salve, who is representing India before the International Court of Justice had said Pakistan is embarrassed to disclose its judgment in case.
On Day 1 of the hearing, India's advocate Harish Salve raised questions over how a military court could hold a trial for a civilian without giving him a due and transparent right to defend. India has maintained that Mr Jadhav, a former Naval officer-turned-businessman, was innocent and he had been kidnapped by Pakistani intelligence agencies from Iran.
Here are the Highlights of the hearing from the International Court of Justice:
Feb 20, 2019 23:54 (IST)
India Cites Pulwama At UN Court, Says Pak Using Kulbhushan Jadhav As Pawn. Main pointers:
Senior advocate Harish Salve said the Pulwama terror attack was carried out by a Pakistan-based entity.
Contending that Pakistan has been censured by various nations about its role in the spread of terror, Mr Salve said the US has called on Pakistan to end support to terrorism.
"In another attack in Iran, the Iranian side has said that Pakistan must be held accountable. Pakistan is under pressure from FATF (Financial Action Task Force, an international organisation that combats money laundering and financing of terror)," Mr Salve said in his closing arguments before the court.
Pakistan, Mr Salve said, is used a safe haven by UN proscribed terrorist entities and individuals like Dawood Ibrahim. "Prominent Pakistan newspaper Dawn carried (Nawaz) Sharif's interview in which he acknowledged Pakistan's role in 26/11? This interview has not been denied," he added.
Feb 20, 2019 21:29 (IST)
Sitting adjourned for the day. Court will reconvene tomorrow at 9:00 pm IST to hear Pakistan's second round of oral submissions.
Feb 20, 2019 21:28 (IST)
Judge's closing statement:
Statement made yesterday by agent of Pak. Judge ad-hoc has been unable to attend proceedings due to temporary indisposition. Pak agent raised concerns with respect to this situation. He further stated that Pak while placing itself in the hands of the court is also obliged for another individual to be sworn-in. We assure both parties of smooth running of these proceedings.
It should be noted that once a judge ad-hoc has been chosen; and in the absence of any objection within time-limit, his appointment as judge ad-hoc in the case is confirmed by court. Indeed, in the present case, judge ad-hoc was sent case file and duly took part in all previous proceedings.
We recvd all written pleadings filed. He will receive all transcripts of oral proceedings and may also watch them through webcast. Follows that judge ad-hoc chosen by Pak has been participating in the case and may continue to do so. Having began his duties, a judge ad-hoc serves the court as an independent judge for remainder of the case.
The court has not received any evidence that judge ad-hoc is unable or unwilling to continue to exercise is duties as judge ad-hoc in this case. Even if a judge ad-hoc is not able to attend the hearing, he or she may be authorized by the court to take part in subsequent proceedings.
If judge ad-hoc is not able to be present with us tomorrow, there is a possibility of organizing such a sitting at an appropriate time in the near future. We come to an end of the sitting. The court will meet again tomorrow to hear second round of oral argument of Pak. The sitting is adjourned.
Feb 20, 2019 21:27 (IST)
India's agent: I would like to say that GOI takes full responsibility for what we have filed and protect strong language used by Pak. GOI requests this court to declare that Pak acted in breach of Article 36 of Vienna Convention. Pak failed to inform Jadhav of his rights. Pak declined consular access to Jadhav. Annul the decision of military court and restrain Pak from giving effect to the sentence. Release Jadhav and ensure safe release forthwith. If not then direct a trial under normal law with full consular access.
Feb 20, 2019 21:23 (IST)
More from the court proceedings:
Pak is used a safe haven by UN proscribed terrorist entities and individuals like Dawood Ibrahim. Counsel for Pak says he has great respect for India but not its present incarnation. There was a time when the world respected Pak, today the world doesn't have the same respect for Pak in its own incarnation.
Prominent Pak newspaper Dawn carried Sharif's interview in which he acknowledged Pak's role in 26/11? This interview has not been denied. India has made out a case that there has been a violation of Vienna Convention, that in the absence of due process and various factors incl Pak's propaganda, this case calls for appropriate relief. Time has come for this court to take this law forward and make Article 36 a potent weapon for protecting human rights.
Feb 20, 2019 20:58 (IST)
Harish Salve refers to a news report and speaks about Pak statement on Tuesday:
Yesterday they claimed they had clinching evidence of case against Jadhav. Substantive praise was heaped on India journalists. One must also believe what is written in the Quint by Mr. Swami. First para mentions that Jadhav was in Iran, if this is true then FIR is false, story of Pak Army is false.
Second article suggests that he was kidnapped from Iran. These are articles written by journalists and Pak swears by their credibility, this is what they have said. By hanging its case on possession of passport, Pak makes the case that India sponsored terrorism in Pak.
Language of convention can't be whittled down because the preamble provided the backdrop in which the treaty was created. Pak's assertions are unassailable, leap of faith again. 2008 bilateral agreement can not take away right provided by Article 36, the agreement would otherwise be rendered ineffective on account of Article 73.
Pak acknowledges that the treaty should seen as amplifying provisions of the conventions. India's case that there is no need to pronounce finally the construction of bilateral agreement. Pak doesn't run the extreme case that thew agreement supersedes convention. If Article 36 can not be whittled down, language of the treaty doesn't call for interpretation.
Article 36 should have the same meaning irrespective of the states involved. It must mean the same as it means between America and Brazil.
Feb 20, 2019 20:56 (IST)
Harish Salve continues:
Pak criticized India for blocking cross-examination of JP Singh. Pak sought to examine one the 2 experts to provide the court with an update the court. India opposed the request, since it required arrangements in advance of the hearings.
Clearly badly timed, or to borrow Pak's favorite expression, an attempt to ambush. On 18 Feb, 2019, late in the evening, a third request was made. All 3 requests made on Feb 18 were declined. This court on Feb 19 held that request was made on the day of opening of oral hearings and the request was not justified. In the course of its submissions, Pak criticized India for blocking of production of this evidence.
Reference to video of Jadhav meeting wife and mother, this is not on record. To accuse the other party of blocking evidence is clearly a criticism of order of the court. Mention of some money deposited in Jadhav's account and how it reached there. Our team hasn't mentioned the sum on money mentioned in the transcript deposit by way of pay. If it is on record, Id be happy to stand corrected.
Feb 20, 2019 20:54 (IST)
"Kulbhushan Jadhav's trial was completed in 4-6 months. What happened to the 150 people killed in the Mumbai terror attacks?" Harish Salve asks.
Feb 20, 2019 20:27 (IST)
India will have a maximum of 90 minutes to submit its final arguments in the case. Pakistan will also get 90 minutes to respond to India's arguments on Thursday.
Feb 20, 2019 20:26 (IST)
India on Wednesday strongly objected to the abusive language used by Pakistan's counsel in the Kulbhushan Jadhav case at the International Court of Justice (ICJ), urging the UN court to draw a redline.
Harish Salve, while presenting India's case before the ICJ, drew the court's attention to the abusive language used by Pakistan through its counsel Khawar Qureshi on the second day of the hearing.
"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.
"India strongly objects to abusive language of Pakistan's counsel," Mr Salve said as the International Court of Justice began the second round of public hearing in the Kulbhushan Jadhav case.
Feb 20, 2019 20:25 (IST)
The second round of public hearing is underway in the International Court of Justice in the Kulbhushan Jadhav case.