Published: Thu, May 18, 2017
Global News | By Stacy Ballard

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

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

The International Court of Justice in The Hague, Netherlands, on Monday began to hear the bilateral case between India and Pakistan over the death sentence issued to former Indian Navy officer Kulbhushan Yadav.

India argued in a preliminary hearing at the United Nations court, formally known as the International Court of Justice (ICJ), that Pakistan violated the Vienna Convention on Consular Relations by denying the condemned man access to legal and other assistance from India.

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.

Jadhav was sentenced to death by the Field General Court Martial (FGCM) last month for his alleged involvement in espionage and sabotage activities against Pakistan.

Pakistan did not complete its stipulated 90 minutes allocated to present its case in response to India seeking ICJ's urgent intervention to save Jadhav from the gallows following a dubious trial in a military court in Pakistan.

Mittal told ICJ President Ronny Abraham, who presided over the proceedings, that India's repeated requests to Pakistan on consular access to Jadhav were denied.

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Pakistan repeatedly denied consular access to India and no document of Jadhav's trial process was given by Islamabad, India says at ICJ.

India has demanded that the world court immediately suspend Jadhav's sentence, fearing that Pakistan could execute him even before the hearing was over.

8/ India was using the court as the "scene of political theatre" but "we will not respond in kind". India had been provided with the copy of passport recovered from Jadhav.

On the other side, Pakistan claimed that Kulbhushan Jadhav was arrested from its restive Balochistan province.

'For one year, India made not one or two but 16 attempts to get the consular access.

He told the court that it is basic to anticipate hopeless harm to Jadhav's rights.

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India was informed more than three weeks after Jadhav's arrest.

India contested Pakistan's claim saying that he was abducted from Iran.

The day after on 9 May, International Court ordered the provisional postponement of the death verdict given to Kulbhushan Jadhav by Pakistan. He said India's application is misconceived and unnecessary.

India also sought a declaration that the sentence handed out to Jadhav was in violation of the Vienna Convention.

India has also maintained in court that Pakistan had violated the Vienna convention. India, meanwhile, alleged he was kidnapped by Pakistani forces while in Iran on a business engagement.

■ All requests for consular access to Kulbhushan Jadhav fell on "deaf ears": India.

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