Kulbhushan Jadhav case: Arguments presented by India, Pakistan at ICJ

Kulbhushan Jadhav case: As the ICJ began hearing Jadhav's case, India argued that human rights treated as "basics" all over had been thrown to the wind by Pakistan.

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India argued that immediate steps must be taken to stop Pakistan from carrying out the death sentence of Kulbhushan Jadhav.

India and Pakistan on Monday presented their arguments before the International Court of Justice over the death sentence awarded to Kulbhushan Jadhav by the Pakistani military court. India demanded immediate suspension of Jadhav’s death sentence saying the trial process was farcical. India also feared that Pakistan could execute him even before the hearing at the International Court of Justice (ICJ) was over. Pakistan, on the other hand, accused India of using the ICJ as a stage for political theatre. Pakistan also asserted that they have solid evidence of Jadhav’s espionage activities.

Here are the key arguments by the representatives of both the countries

Vienna Convention

Harish Salve (India’s counsel): Pakistan military court awarding death sentence to Kulbhushan Jadhav is a violation of the Vienna Convention on Consular Relations by Pakistan.

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Khawar Qureshi (Pakistan’s representative): India’s plea for invoking provisions of Article 36 of the Vienna Convention is not relevant in this case. The Vienna Convention was adopted for better communication between friendly countries. But it cannot apply in this case of a spy set up by a state.

Trial process

Harish Salve: Jadhav’s trial process is “farcical”.

Khwara Qureshi: India’s application at ICJ “unnecessary and misconceived”.

Consular access

Harish Salve: Pakistan rejected 16 requests for consular access to Jadhav.

Khwara Qureshi: Pakistan gave India all information regarding Jadhav’s investigation, but didn’t receive any response from New Delhi. Jadhav was given 150 days to clarify himself. Spies can’t get consular access.

Evidence

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Harish Salve: No evidence of Jadhav being spy. He was a former naval officer. No connection with government. Chargesheet on Kulbhushan Jadhav was not given to India by Pakistan.

Khwara Qureshi: Solid evidences were provided regarding alleged spy Kulbhushan Jadhav’s ‘activities’. India failed to provide any evidence to counter Pakistan claim. India did not provide his birth certificate to prove his citizenship neither came forward to clarify his passport, which carried a Muslim name.

Jadhav’s arrest

Harish Salve: Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy.

Khwara Qureshi: Jadhav was arrested from Balochistan province.

Relief

Harish Salve: India refutes all allegations against Kulbhushan Jadhav and demands provisional measures from the ICJ to prevent damage to him.

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Khwara Qureshi: ICJ must not give relief to the alleged Indian spy.

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