Friday, 28 July, 2017

Harish Salve charged Re. 1 to fight Jadhav's case at ICJ: Swaraj

ICJ reserves verdict in Jadhav case India seeks UN court order to bar execution of naval officer
Saul Franklin | 16 May, 2017, 09:52

"We believe India and Pakistan stand to benefit from practical cooperation", a State Department spokesperson told PTI.

India and Pakistan yesterday crossed swords at the International Court of Justice over Jadhav's case with New Delhi demanding the immediate suspension of his death sentence and Islamabad accusing it of using the world body as a stage for "political theatre" through a "misconceived" plea.

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".

He was "an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges, (has been) deprived of his rights and protection accorded under the Vienna Convention", Deepak Mittal, an official with India┬┤s ministry of external affairs, told the court in The Hague.

Nikam said 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.

"The graver the charges, the greater the need for continued adherence of the Vienna Convention".

In a major setback to Pakistan, the International Court of Justice in The Hague denied the Pakistan legal team permission to air the six-minute so-called video confession of Kulbhushan Jadhav in illegal detention in Pakistan.

Qureshi said the issue of consular access to Jadhav was not considered as he was accused of spying and it was not considered to be applied on terrorists. Dr Faisal said that, according to the Vienna Convention, the court had no jurisdiction to hear such a case.

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Yesterday, hearings began in the case of Jadhav, who was arrested in Balochistan in March of past year and charged with conducting espionage and sabotage activities against Pakistan.

Counsel Khawar Qureshi, who represented Pakistan at the ICJ, sought the "dismissal" of India's application, saying that there was "no urgency" because the clemency process would take 150 days.

India had appealed against the death sentence on May 8 alleging violation of the Vienna Convention on Consular Relations by Pakistan.

After a 2004 ruling against the United States in a case brought by Mexico, the administration of then-President George W. Bush ordered reviews of dozens of cases of Mexicans on USA death row who had not been offered consular access as a remedy.

Mr Qureshi said the Indian application for stay order was full of errors and distorted facts, besides hiding information and proofs shared with India on Jadhav's arrest.

United Nations committee against Torture raised concerns over military court systems in Pakistan. Pakistan has said the conviction and sentence remain open to appeal. We have a long border with India where millions of people reside.

Pakistan claimed that Jadhav has confessed to his crimes.

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