Kulbhushan Jadhav Case: ICJ reserves verdict on India's appeal

Pakistan Vienna Convention Kulbushan Jadhav

A screengrab of QC Khawar Qureshi as he pleads at the International Court of Justice from Pakistan's side

On Monday, the International Court of Justice (ICJ) began its hearing on India's plea for suspension of retired naval officer Kulbhushan Jadhav's death penalty at The Hague.

Presenting Pakistani stance, the Director General of South Asia in Foreign Office Dr Muhammad Faisal at ICJ in The Hague, Netherlands, today said under Vienna Convention, hearing of criminal cases does not fall under the purview of the global court.

Representing India's stand before the 11-judge bench of the global justice body, India's agent to the court, Deepak Mittal said that despite repeated requests, Pakistan denied consular access to Kulbhushan, which is in contravention of Vienna convention.

Pakistan repeatedly denied consular access to India and no document of Jadhav's trial process was given by Islamabad, India says at ICJ. Pakistan has denied India consular access to Jadhav 16 times, claiming that the Indian National was an agent of India's external intelligence agency Research and Analysis Wing (RAW).

The ICJ also denied permission to Pakistan to play a purported “confessional” video of Jadhav at the public hearing here.

He further said that India had not presented its evidence in front of the International Court of Justice regarding the case of Kulbhushan Jhadav.

In Germany versus the US, Salve said, the court held that execution of a German national was "an irreparable damage to justice".

After India filed the application ICJ has requested Pakistan to delay the execution of Jadhav.

Khwara Qureshi: Jadhav was arrested from Balochistan province.

Battling Pakistan in the UN's highest judicial body, India said the situation was grave and urgent, prompting it to approach the court "at such short notice". The counsel from Pakistan also claimed that India's application on Kulbhushan Jadhav is unnecessary and misconceived. Chargesheet on Kulbhushan Jadhav was not given to India by Pakistan.

Deepak Mittal, an Indian official, told the court in his opening remarks that there was a fear that Jadhav may be executed soon even before the decision of the United Nations court. Pakistan, on the other hand, accused India of using the ICJ as a stage for political theatre.

Jadhav, the latest flashpoint in the tensions between Pakistan and India, was sentenced last month.

Earlier, Deepak Mittal, joint secretary of India's Ministry of External Affairs, told judges at the ICJ that Jadhav's death sentence was handed down following a "farcical" trial. He was sentenced to death by the FGCM in April this year.

Nikam said that Jadhav did private business in Iran and the Iran Government agreed with that but still he was kidnapped, adding he was forced to give statements which are against the law.

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