Kulbhushan Jadhav case highlights: Claims for ex-Navy officer’s release outlandish, says Pakistanhttps://indianexpress.com/article/india/kulbhushan-jadhav-case-live-updates-ict-india-pakistan-tension-harish-salve-5590806/

Kulbhushan Jadhav case highlights: Claims for ex-Navy officer’s release outlandish, says Pakistan

Kulbhushan Jadhav case highlights: Putting forward his arguments, Pakistan lawyer Khawar Qureshi said India failed to explain why Jadhav was allowed to travel for 17 times on fake passport.

Kulbhushan Jadhav case highlights: Pakistan lawyer Khawar Qureshi makes his submissions at ICJ on Tuesday. (Screengrab)

Pakistan on Tuesday began its submissions and responded to India at the International Court of Justice in the case of Kulbhushan Jadhav, the former Navy officer who was arrested in Baluchistan in 2016 on charges of espionage and sentenced to death by a Pakistan military court. Asserting that India’s claim for Jadhav’s immediate release was outlandish, Pakistan maintained that the Indian Navy officer was a “spy” and not a businessman.

Anwar Mansoor Khan, Attorney General for Pakistan, said Jadhav’s activities were an actual manifestation of Indian policy. “Since 1947, India has pursued a policy of destroying Pakistan. Indian PM Narendra Modi is on record to have said using water as a weapon against Pakistan. Putting forward his arguments, Pakistan lawyer Khawar Qureshi said India failed to explain why Jadhav was allowed to travel for 17 times on fake passport.

Earlier in the day, the International Court of Justice refused to entertain Pakistan’s request to adjourn the hearing in the case of Kulbhushan Jadhav to appoint a new ad-hoc judge. In the first round of arguments on Monday, Senior advocate Harish Salve, the lawyer representing India and Jadhav in the case at the ICJ, urged the international court to annul Jadhav’s death sentence and order his immediate release.

Live Blog

Today is the second day of hearing in the Kulbhushan Jadhav case at the International Court of Justice (ICJ) at The Hague. Follow LIVE updates

Pakistan concludes its arguments

Putting forward his concluding observations, Khawar Qureshi dismisses India's claims that Pakistan does not have an independent appellate procedure. "High Court of Peshawar set aside more than 70 convictions made by Military Courts," he says. Pakistan finishes its arguments. The hearing will resume tomorrow for India's final submissions.

India's application should be declared inadmissible: Pakistan

Pakistan's counsel Khawar Qureshi says India's application should be declared inadmissible by reason of India's conduct in this context of manifesting abuse of rights, lack of good faith, illegality and misrepresentation. "Why does India want Pakistan to be treated differently. Pakistan is also a member of the United Nations," he says.

Allegation that Kulbhushan Jadhav is a spy is proven: Pakistan

Pakistan counsel Khawar Qureshi says the allegation that Kulbhushan Jadhav is a spy is proven. "Why choose someone sitting nine hours away from Pakistan in Chhabahar and kidnap him and force him to give a confession," he says. Qureshi further says Jadhav's confession is highly credible. "Allegations of espionage are extremely rare. His confession is highly credible and he was equipped with a state-sponsored campaign of creating violence and unrest in Pakistan," he says.

Why didn't India raise a dispute in 2016 on arrest of Jadhav: Pakistan

Pakistan lawyer Khawar Qureshi asks why didn't India raise a dispute back in 2016 on the arrest of Kulbhushan Jadhav. The former Indian Navy officer was arrested by Pakistani officials on March 3, 2016. " Why did it come directly to the ICJ for provisional measures?" Qureshi asks.

India's submissions shamelessly devoid of substantive argument: Pakistan

Pakistan lawyer Khawar Qureshi says no general practice accepted as law to provide consular access in cases of espionage. Qureshi's remarks are a response to senior advocate Harish Salve, the lawyer representing India. Salve had argued that Pakistan did not uphold the Article 36 of the Vienna Convention that states consular access applies all nationals, regardless of espionage claims in Jadhav's case. "India's submissions are shamelessly devoid of substantive argument," Qureshi says.

Who is Kulbhushan Jadhav

Kulbhushan Jadhav, a former Indian Navy officer, was arrested by Pakistani officials on March 3, 2016, on suspicion of espionage and sabotage activities against the country. Claiming that Jadhav was an Indian spy, the Pakistani military court sentenced him to death. The Indian side, however, maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy and that he has no links with the government. Who is Kulbhushan Jadhav

'India needed to prove Jadhav's nationality to get him diplomatic protection'

Continuing his submissions at the ICJ, Pakistan lawyer Khawar Qureshi says India was required to prove Jadhav's nationality in order to get him diplomatic protection, as was held in the Avena case. Qureshi also defends the Pakistani Military Court, which convicted Jadhav and handed him a death sentence. "Their operation is not considered to be manifestly unfair," he says.

Hearing in the Kulbhushan Jadhav case commences

The hearing in the Kulbhushan Jadhav case at the International Court of Justice commences. Both countries will make the second round of oral arguments on February 20 and 21 respectively.

(L-R) Attorney Anwar Mansoor Khan, Pakistani foreign office spokesperson Mohammad Faisal and Queen's Counsel Khawar Qureshi are seen at the International Court of Justice during the final hearing of the Kulbhushan Jadhav case in The Hague

'Clear evidence India used Jadhav to wreak havoc in Pakistan'

Pakistan lawyer Khawar Qureshi continues his arguments at the ICJ. "There is clear, compelling evidence that India used its agent (Jadhav) to create terror and destruction and wreak havoc in Pakistan," Qureshi says. The court is now adjourned for a 15-minute break.

Burden of proof shifted to India to prove/disprove passport issue: Pakistan

Pakistan lawyer Khawar Qureshi says the burden of proof has shifted to India to prove or disprove the passport issue. "India is guilty of egregious conduct of providing Jadhav with a passport and travel documents," he says. Qureshi refers to distortions in India's filings."We tried to give India every opportunity to correct these distortions. You can't dismiss the truth," Qureshi says.

Guiding hand behind Jadhav was NSA Ajit Doval: Pakistan

Claiming that Kulbhushan Jadhav left behind a trail of destruction in Pakistan, Pakistan lawyer Khawar Qureshi says the guiding hand behind it was NSA Ajit Doval. He further calls Jadhav an "instrument of India's official policy of terror". "Thanks to the Pakistani security forces, Jadhav was unable to wreak havoc in India. India and Commander Jadhav must face consequences," he says.

Pakistan points to a statement by NSA Ajit Doval

Continuing his submissions at ICJ, Pakistan lawyer Khawar Qureshi points to a statement by NSA Ajit Doval made in 2014, which was published without retraction. "India has failed to provide an explanation for how Jadhav was able to travel in and out of India with a passport with a false name," he says.

ICJ refuses to entertain Pakistan's request to adjourn Jadhav case

Earlier in the day, the International Court of Justice refused to entertain Pakistan's request to adjourn the hearing in the case of Kulbhushan Jadhav to appoint a new ad-hoc judge. Pakistan, which is presenting its case today, asked the judge to adjourn the case, citing the illness of it ad-hoc judge. Tassaduq Hussain Jillani, the ad-hoc judge for Pakistan in the ICJ suffered a cardiac attack ahead of the hearing.

Jadhav admitted he was a serving officer due to retire in 2022: Pakistan

Pakistan lawyer Khawar Qureshi says Kulbhushan Jadhav admitted that he was a serving officer due to retire in 2022. "It is a pity that India attempts to block the truth every time. Pakistan is a state that has provided the largest contingent for peacekeeping, whose soldiers have lost lives in pursuing world security," he says.

Khawar Qureshi cites Indian media reports

Pakistan lawyer Khawar Qureshi cites media reports by Karan Thapar, Praveen Swami, Chanda Nandi to support his arguments. "These journalists stand up for pluralism and secularism and are part of the India I respect. Their investigation reveals that the RAW had been planning a terrorist operation in Pakistan," says Qureshi.

Claim for Jadhav's immediate release outlandish: Pakistan

Pakistan lawyer Khawar Qureshi says claim for Jadhav's immediate release is outlandish. "Developments in customary international law not consistent with India's position on Article 36 of Vienna Convention on Consular Relations. There is a confession by Jadhav before a judicial magistrate. He was also convicted under Section 3 of the Official Secrets Act for terrorist activities in 2014. India has glossed over these matters," he says. Qureshi further raises some questions. "When did Jadhav retire and at what age? What evidence is there that Jadhav retired from the Armed Forces? Why was he is possession of an authentic Indian passport with a cover name?"

India never established Jadhav is an Indian: Pakistan

Pakistan lawyer Khawar Qureshi is now putting forward his arguments. "India has failed to explain why Commander Jadhav was allowed to travel for 17 times on fake passport. India never established that Jadhav is an Indian national," Qureshi says. Pakistan also said India was using Afghanistan as another front for terrorism.

'PM Modi said using water as a weapon against Pakistan'

Pakistan further says Jadhav's activities were an actual manifestation of Indian policy. "Since 1947, India has pursued a policy of destroying Pakistan. Indian PM Narendra Modi is on record to have said using water as a weapon against Pakistan. In its petition, India seeks relief for a terrorist," Anwar Mansoor Khan says.

Kulbhushan Jadhav tried to create anarchy in Pakistan: Anwar Mansoor Khan

Pakistan alleges that RAW entered Pakistan to "create unrest" in Balochistan and the Sindh province. Anwar Mansoor Khan, Attorney General for Pakistan, says, "Jadhav carried out bombings, targetted operations and unlawful activities to create anarchy in Pakistan and target the Pakistan-China Economic Corridor."

Pakistan begins argument at ICJ

Anwar Mansoor Khan, Attorney General for Pakistan, has begun his argument at the ICJ in the Kulbhushan Jadhav case. "We wish to make it absolutely clear that we remain committed to peaceful resolution. Pakistan is a major victim of terrorism. Pakistan has suffered more than 74,000 casualties and fatalities caused mainly by the interference by our neighbour," Khan says. The four-day trial began Monday at the ICJ headquarters amidst heightened tensions between India and Pakistan in the wake of the Pulwama terror attack in Jammu and Kashmir, which killed 40 CRPF personnel.

Kulbhushan Jadhav case LIVE updates: ICJ to hear Pakistan’s submissions today

Kulbhushan Jadhav, a retired Navy officer, was arrested allegedly on March 3, 2016, and India was informed of this on March 25, 2016.

Kulbhushan Jadhav case LIVE updates:

Salve also submitted that India has established that Pakistan’s conduct in not allowing consular access to Jadhav from the time of his detention up to his conviction and thereafter, is a gross violation of Article 36 of the Vienna Convention. He said that the Indian side gave 13 reminders for consular access, but Pakistan did not respond.

The trial began amidst heightened tensions between India and Pakistan in the wake of the Pulwama terror attack in Jammu and Kashmir, which killed 40 CRPF personnel.

According to Salve, Pakistan offered to allow Jadhav’s family to visit him, the terms were agreed and the meeting was held on 25 December, 2017. “India was dismayed at the manner the meeting with Jadhav’s family was conducted and wrote a letter on 27 December marking its protest,” he said, saying that it was a “dehumanising attempt” by Pakistan.

Jadhav, a retired Navy officer, was arrested allegedly on March 3, 2016, and India was informed of this on March 25, 2016, when the Pakistan Foreign Secretary raised the matter with the Indian High Commissioner in Islamabad. On that day, India sought consular access to Jadhav at the earliest. New Delhi then moved the ICJ in May in 2017 against the “farcical trial” by the military court of Pakistan against 48-year-old Jadhav. He was sentenced to death on charges of espionage and terrorism in April 2017.

Also Read | No due process, Pakistan should free Kulbhushan Jadhav, India tells World Court

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 Jadhav. A 10-member bench of the ICJ had restrained Pakistan from executing Jadhav until adjudication of the case.

Jadhav was accused of working for Indian intelligence services in the province bordering Afghanistan, where Islamabad has long accused India of backing separatist rebels. After a closed trial, he was sentenced to death by a Pakistani military court on April 10, 2017, on charges of “espionage, sabotage and terrorism”. India insists Jadhav was not a spy, and that he was kidnapped in Pakistan. New Delhi in court documents is asking that the ICJ order Islamabad to annul the sentence.

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