Kulbhushan Jadhav case: Making its final arguments at the International Court of Justice (ICJ) on Wednesday, India urged the top UN court to annul the decision of Pakistani military court awarding death sentence to ex-Navy officer Kulbhushan Jadhav and direct fair trial in a civilian court. It also asked the court to grant full consular access to Jadhav.
In the first round of submissions, senior advocate Harish Salve, representing India, urged the ICJ to annul Jadhav’s death sentence and order his immediate release. “Military Courts of Pakistan cannot command the confidence of this Court and should not be sanctified by a direction to them to review and reconsider the case,” he said.
Responding to India’s argument, Pakistan called India’s demand for acquittal, release and return of Jadhav as “outlandish”.
India makes final arguments in Kulbhushan Jadhav case at the International Court of Justice. Here are the highlights
Kulbhushan Jadhav case: Sitting adjourned for the day
Sitting adjourned for the day. Court will reconvene tomorrow to hear Pakistan's second round of oral submissions and final arguments.
Pakistan ad-hoc judge will continue to participate, says ICJ
ICJ top judge Abdulqawi Ahmed Yusuf is speaking on appointment for ad-hoc judge for Pakistan in the Jadhav case. On Tuesday, the International Court of Justice refused to entertain Pakistan’s request to adjourn the hearing to appoint a new ad-hoc judge. Tassaduq Hussain Jillani, the ad-hoc judge for Pakistan in the ICJ suffered a cardiac attack ahead of the hearing.
"Judge ad-hoc Gilani (chosen by Pakistan) was given case files and participated in all court deliberations before these hearings. He will receive all transcripts of oral proceedings. He will continue to participate," Yusuf says.
India reads out the relief sought with regards to Kulbhushan Jadhav
Deepak Mittal, Joint Secretary of Ministry of External Affairs, reads out the relief sought by India with regards to Kulbhushan Jadhav. "Government of India requests this court to adjudge and declare that Pakistan acted in egregious breach of Article 36 of Vienna convention," he says.
Kulbhushan Jadhav case: Harish Salve concludes his arguments
Concluding his arguments, Harish Salve says the time has come for this court to take this law forward and make Article 36 a potent weapon for protecting human rights.
Jadhav's trial completed in 4 months, 26/11 trial still pending: India
Harish Salve says Kulbhushan Jadhav's trial was completed in 4-6 months. "What happened to the 150 people killed in the Mumbai terror attacks?" Salve says. "It is surprising that Pakistan calls upon Security Council for legal relief when it otherwise turns Nelson's eye to its own track record," the former solicitor general says.
'Kulbhushan Jadhav has become pawn in Pakistan's tool to divert global scrutiny'
Harish Salve says Kulbhushan Jadhav has become a pawn in Pakistan's tool to divert international scrutiny from itself. He refers to the "dastardly" terror attack in Pulwama on February 14. "The attack received universal condemnation," Salve says. He also cites the terrorist attack in Iran, which killed a number of Revolutionary Guards.
India makes its final arguments in Kulbhushan Jadhav case
Harish Salve rakes up the Ajmal Kasab case to highlight the meaning of judicial review. "In Kasab case, Supreme Court of India held that since it is the case of death sentence, they examined materials on record first-hand. This is called review," he says.
Harish Salve speaks on functioning of Pakistan courts
Continuing his submissions, Harish Salve says the Supreme Court of Pakistan has suppressed operation of Peshawar High Court. "On one hand, Pakistan is challenging that judgment in Supreme Court, on the other, it is citing it in ICJ," Salve said.
Judicial review by Pak courts has a narrow ambit, says India
Domestic law is never a defence against a violation of international law or obligation, says Harish Salve while talking about military courts in Pakistan trying civilians. "Judicial review by Pakistan courts has a narrow ambit, they have not interfered with military court decisions many times," he says.
Harish Salve speaks on Pakistan Military courts at ICJ
Continuing his arguments, Harish Salve says the 2008 bilateral agreement between India and Pakistan cannot take away rights conferred by Article 36. Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. "International Commission of Jurists and European Parliament have criticised the functioning of Pakistan's Military Courts. Pakistan has defended them by relying on reports by military experts," Salve says.
'Article 36 of Vienna Convention came into play after Jadhav's arrest'
Representing India, ex-solicitor general Harish Salve says Pakistan relied on reports by the Indian press. "These articles contradict the facts in Pakistan's FIR," he says. Salve further says that Article 36 of the Vienna Convention on Consular Relations came into play after Jadhav's arrest. "Pakistan had relied on Avena case, which goes against them. According to the case, once there is a probability that a detainee is a foreign national, consular access must be granted," he says.
Pakistan has no proof beyond Jadhav's extracted confession: India
Putting forward his final arguments, Harish Salve says Pakistan has nothing beyond the extracted confession from Kulbhushan Jadhav. "India has repeatedly asked for a copy of the judgment convicting Jadhav and the charges against him. There would be no threat to the security of Pakistan if they share these documents," Salve says. Pakistan's case against Jadhav on the question of passport is yet to be investigated by India, he says.
Harish Salve speaks on Jadhav's nationality
Harish Salve says if Kulbhushan Jadhav had been involved in subversive activities, irrespective of whether or not he had an Indian passport, he would have been tried for espionage. "Pakistan had no doubt that when they arrested Jadhav, he was an Indian national... if Pakistan so closely believes Jadhav's confession, why do they doubt his nationality?" Salve says.
Biodata mentions Jadhav was a former Indian Navy officer: Salve
On Pakistan's assertion that India never established Jadhav was an Indian national, Harish Salve says, "Biodata mentions that Jadhav was a former Indian Navy officer. This would be proof of his Indian nationality. Indian nationals are not the kind whose nationality needs to be denied." On Tuesday, Pakistan counsel Khawar Qureshi said India was required to prove Jadhav’s nationality in order to get him diplomatic protection.
India: Three attempts by Pakistan to derail proceedings at ICJ have failed
Representing India, Harish Salve says Pakistan in its oral submission has indicated that any execution of Jadhav would probably not take place before the end of August. "Three attempts made by Pakistan to derail proceedings in this court have failed," says Salve. On Pakistan's allegation that India was blocking cross-examination of Deputy High Commissioner JP Singh, Salve says court had held that the issue was not relevant.
'Pakistan has mischaracterised India's reading of report on Military Courts'
Harish Salve says the ICJ doesn't need experts to help it decide whether Military Courts in Pakistan are due process compliant. He had said on Monday that the Pakistan military court’s trial and sentencing of Kulbhushan Jadhav “hopelessly failed” to satisfy due process. "Pakistan has mischaracterised India's reading of the report on Military Courts as an attempt to mislead the Court. Pakistan's comments deriding Lahore High Court Bar Association are regrettable. Khawar Qureshi may not be invited to tea by them," Salve says.
What India said at the ICJ on Monday
Arguing that a Pakistan military court’s trial and sentencing of Kulbhushan Jadhav “hopelessly failed” to satisfy due process, India Monday urged the International Court of Justice (ICJ) at The Hague to annul Jadhav’s death sentence and order his immediate release. Salve had 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. READ THE FULL STORY HERE
India hammered the facts, Pakistan hammered the table: Salve
Making the final arguments, senior advocate Harish Salve says India hammered the facts while Pakistan hammered the table. "Humpty Dumpty has no place in this court," he said, lashing out at Pakistan.
India points to words like 'shameless', 'arrogant' used by Pakistan
Senior advocate Harish Salve says words like "shameless" and "arrogant" have been used many times in Pakistan's submissions. "India takes exception to being insulted before the International Court. Indian culture prevents me from similar language of...insult," Salve says.
Harish Salve begins second round of oral arguments
Senior advocate Harish Salve, representing India, begins second round of oral arguments in Kulbhushan Jadhav case at International Court of Justice.