Pakistan presents final arguments in Kulbhushan Jadhav case

Pakistan presents final arguments in Kulbhushan Jadhav case

THE HAGUE: Pakistan is presenting its final arguments in Kulbhushan Jadhav case on Thursday in the International Court of Justice (ICJ) on the fourth day of public hearing being held at The Hague.
Earlier on Wednesday, at the Peace Palace – the seat of UN’s top Court, Indian Counsel Advocate Harish Salve presented the arguments in response to Pakistan’s stance submitted on Tuesday through English Queen’s Council Barrister Khawar Qureshi, who posed tough arguments on Jadhav’s subversive activities and espionage.
During India’s final oral submissions, Advocate Harish Salve said irrespective of whether or not Jadhav had an Indian passport, he would have been tried for espionage if he was actually involved in subversive activities.
Salve told the 15-member bench that India had repeatedly asked Pakistan for a copy of judgment convicting Jadhav.
He pointed that Pakistan was relying on reports by the Indian press by quoting the articles of Karan Thapar and Praveen Swami, which he claimed were in contradiction with the Pakistan’s First Information Report.
On death sentence to Jadhav announced by Pakistan’s military court, Salve said domestic law could not be considered as a defence against violation of international law of obligation.
Salve accused Pakistan of not conforming to the Article 36 of the Vienna Convention on Consular Relations, which he said required a nation arresting or detaining a foreign national to ensure his or her right of consular access.
Joint Secretary of India’s Ministry of External Affairs Deepak Mittal in his concluding remarks sought relief for Jadhav.
The Court did not accept Pakistan’s request to replace its Judge Ad hoc Justice Tassadduq Hussain Jilani who could not attend the hearing due to ill health and asked him to continue, saying that Mr Jilani was earlier given all case files and would be given oral transcripts as well.
The Court adjourned the sitting till today (Thursday) to hear Pakistan’s second and final round of submission.
The 15-member bench under the presidency of President Abdulqawi Ahmed Yusuf started its four-day consecutive public hearings on February 18.The case proceedings were throughout shown live from the courtroom and shared by ICJ’s website for real-time update of the viewers worldwide, including the party states Pakistan and India.

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