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Kulbhushan Jadhav case in ICJ: Pakistan’s counsel Khawar Qureshi wraps up his arguments

India and Pakistan have been at loggerheads over this issue. While Pakistan had claimed that Jadhav was involved in subversive activities and was arrested in restive Balochistan, India has countered saying that he was just a businessman and was abducted from Iran.

Updated: May 15, 2017 8:40 PM IST

By Vaibhav Tiwari

Kulbhushan Jadhav case in ICJ: Pakistan's counsel Khawar Qureshi wraps up his arguments

The Hague, May 15: India and Pakistan are fighting each other in the International Court of Justice for the first time in 18 years. The bone of contention this time is the death sentence announced to former Indian naval officer, Kulbhushan Jadhav, on trumped-up charges of espionage. Both India and Pakistan will get 90 minutes to present their cases. Harish Salve would represent Indian the tribunal.

India is arguing that Pakistan’s announcement of the death sentence was in violation of Vienna convention on consular relations. India was denied consular access 16 times by Pakistan, which would be the main argument of Harish Salve. India would argue that Pakistan didn’t even inform about Jadhav’s arrest, which is a clear violation of Vienna convention. India would also tell the ICJ that Kulbhushan Jadhav was not given a fair trial and the due process of law by Pakistan. He was not given a proper trial and his trial in the military court was completed in total secrecy. India alleged that Pakistan didn’t conduct his trial in a civilian court as he it didn’t have enough evidence against the Indian business.(Also read: India gets 90 minutes to save Kulbushan Jadhav at ICJ; all you need to know)

India and Pakistan have been at loggerheads over this issue. While Pakistan had claimed that Jadhav was involved in subversive activities and was arrested in restive Balochistan, India has countered saying that he was just a businessman and was abducted from Iran. A German diplomat had also backed India’s claims, saying he was kidnapped by terrorists in Iran and sold to Pakistan. Pakistan PM’s foreign adviser, Sartaj Aziz, also said that Pakistan had no evidence against Jadhav. He, however, changed his position later.

What is International Court of Justice?

The ICJ is the judicial wing of the United Nations. It was established in June, 1945. It is situated in the Peace Palace in The Hague, Netherlands. It consists 15 judges who are elected by the UN Assembly and the Security Council for 9 years. After their elections, the judges functions solely as officers of the Court and not as representatives of their respective countries. All the members if the United Nations automatically come in its jurisdiction. (Also read: Kulbushan Jadhav case: What is ICJ and what happened when India-Pakistan last clashed in the tribunal)

Major points in the case

  • March 3, 2016: Jadhav was arrested and was accused spying for India’s RAW.
  • March 29, 2016: Pakistan produces a video which shows him “confessing” his crimes. India said that it was highly doctored. Pakistan charged him with terrorism.
  • Pakistan’s foreign advisor, Sartaz Aziz, said Pakistan had no evidence against Jadhav. On March 7, 2017, he changed his stance.
  • April 4, 2017: Jadhav sentenced to death by an army court.
  • May 8, 2017: India moves ICJ.
  • May 9, 2017: India secures stay order on his execution.
  • Pakistan has denied counsular access 16 times.

Live Updates

  • May 15, 2017 7:49 PM IST
    ICJ refuses to let Pakistan play Kulbhushan Jadhav’s confession video in the court room.
  • May 15, 2017 7:49 PM IST
    Pakistan’s counsel Khawar Qureshi wraps up his arguments. Court will render its order as soon as possible, says ICJ judge. The date on which the orders willbe delivered will be duly communicated to the parties.
  • May 15, 2017 6:58 PM IST
    Mohammad Faisal, Director General, South Asia and SAARC, defending Pakistan’s case sought to harp on the terrorism trope and said that the International Court of Justice do not have any jurisdiction over an issue that concerns Pakistan’s internal security and hence should be governed by Pakistan’s local laws within the bilateral framework. Mohammad Faisal called upon the ICJ to dismiss India’s petition.
  • May 15, 2017 6:55 PM IST
    Mohammad Faisal, Director General of South Asia and SAARC, says Pakistan will not be cowed by terrorism and that India has used the International Court as a stage for theatre.
  • May 15, 2017 6:38 PM IST

  • May 15, 2017 6:38 PM IST
    Pakistan responds on Kulbhushan Jadhav case in ICJ at the Hague.
  • May 15, 2017 6:26 PM IST
    A source close to News 18 said that Pakistan on Monday rushed to the Hague Moazzam Ahmad Khan, its emissary in the United Arab Emirates and a close friend of the ICJ judge, to try and persuade him to put a stay on the ongoing proceedings.
  • May 15, 2017 6:23 PM IST
    Moments before the hearing on Kulbhushan Jadhav started at the International Court of Justice, Pakistani lawyers tried to approach the judge, News 18 report said.
  • May 15, 2017 5:17 PM IST
    Moazzam Ahmad Khan (Agent), Mohammad Faisal (Agent), QC Khawar Qureshi (Counsel) to argue in ICJ for Pakistan in Kulbhushan Jadhav case.
  • May 15, 2017 5:12 PM IST

    Pakistan puts up a video wall in ICJ, may show the court Jadhav’s doctored confession.

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