Salve charged Re 1 for fighting Jadhav's case at ICJ: Swaraj

Katrina Barker
May 16, 2017

India has seen it fit to use the International Court of Justice as a stage for "political theatre" but "we will not respond in kind", Mohammad Faisal of the Pakistan Foreign Office said in his opening remarks in response to India's submissions earlier in the day. His sentencing has become the latest flashpoint in the India-Pakistan ties.

Pakistani counsel Khawar Qureshi informed the court that India had concealed facts during the hearing in an attempt to secure the stay order against the death sentence awarded to Jadhav for carrying out subversive acts in Pakistan.

While India presented its argument over 90 minutes, Pakistan, which claims that Jadhav is an agent of India's external intelligence agency Research and Analysis Wing (RAW), took less than an hour.

ICJ president Ronny Abraham, after hearing arguments from both sides, said that the verdict would be announced "as soon as possible" and the date "duly communicated".

Fearing that Jadhav might be executed before the hearing was over, India accused Pakistan of violating the Vienna convention and conducting a "farcical trial" without a "shred of evidence".

India, in its appeal to the ICJ, had asserted that Mr Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy. Furthermore, India has denied that he has any connection with the government.

"India invoked the jurisdiction of this court improperly", he said. "India has made innumerable requests since March 2016 for consular access". "Else, it will be a violation of the Vienna Convention", Harish Salve said.

The former Indian Naval officer was arrested in March a year ago and had been given death sentence by a Pakistani Military court on charges of espionage and subversive activities.

Interestingly, ICJ denied permission to Pakistan to play the purported "confessional" video of the retired Navy officer at the public hearing, but Pakistani representatives at the ICJ claimed the Court was "aware of the contents". Islamabad has also not responded to a visa application by JadavĀ“s parents seeking to travel to Pakistan to visit their son, he said.

Overall, the relief India is seeking from this court is not available and the "provisional measures" sought by India can not be initiated, Qureshi said.

Indian officials maintain, New Delhi had approached the ICJ not on the merits of the case but on two basic issues -the Vienna Convention on Consular Access - not being adhered to and human rights of Jadhav not being respected by Pakistan.

"Jadhav has not got the right to get proper legal assistance and the right to consular access".

"India is trying to make its best effort to use the worldwide laws to make sure that Jadhav is not unfairly tried". We submit that India's silence is telling. Dr Faisal said spies do not have rights of counsellor access and India did not produce evidence against Jadhav in the court.

He said the court was not apprised that Jadhav was arrested in Balochistan and that he possessed double passports and birth certificates.

Other reports by AllAboutTopnews

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