ICJ starts hearing of Kulbhushan Jadhav case
Pakistan and India are presenting their arguments before the top UN court.
THE HAGUE (Dunya News) - The International Court of Justice (ICJ) has started hearing of the Kulbhushan Jadhav case from today (Monday) at The Hague. Pakistan and India are presenting their arguments before the top UN court.
It is pertinent to mention here that a British forensic organization has termed the passport Jadhav was travelling with an assumed Muslim name Hussain Mubarak Patel as original.
Kulbhushan Jadhav was sentenced to death by a military court in Pakistan on charges of espionage and terrorism in April 2017. India moved the ICJ in May the same year against the verdict.
A 10-member bench of the ICJ on May 18, 2017 had restrained Pakistan from executing Kulbhushan Jadhav till adjudication of the case.
The ICJ has set a timetable for the public hearing in the case from Febraury 18 to 21 in The Hague and Harish Salve, who represents India in the case, is expected to argue first on February 18.
The English Queen s Counsel Khawar Qureshi will make submissions on February 19 from Islamabad s side. Then India will reply on February 20 while Islamabad will make its closing submissions on February 21.
It is expected that the ICJ s decision may be delivered by the summer of 2019.
Pakistan s Attorney General Anwar Mansoor is leading the Pakistani delegation at the ICJ while Director General South Asia Mohammad Faisal is leading the Foreign Office side.
Both India and Pakistan have already submitted their detailed pleas and responses in the world court.
In its written pleadings, India accused Pakistan of violating the Vienna Convention by not giving consular access to Jadhav arguing that the convention did not say that such access would not be available to an individual arrested on espionage charges.
In response, Pakistan through its counter-memorial told the ICJ that the Vienna Convention on Consular Relations 1963 applied only to legitimate visitors and did not cover clandestine operations.
Pakistan had said that "since India did not deny that Jadhav was travelling on a passport with an assumed Muslim name, they have no case to plead."
Pakistan said that India did not explain how "a serving naval commander" was travelling under an assumed name. It also stated that "since Jadhav was on active duty, it is obvious that he was a spy sent on a special mission".
In its submission to the ICJ, Pakistan had stated that Jadhav is not an ordinary person as he had entered the country with the intent of spying and carrying out sabotage activities.
India has been maintaining that the trial of Jadhav by a military court in Pakistan was "farcical".
Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran.
