ICJ to hold public hearings in Kulbhushan Jadhav case. LIVE UPDATE

Senior Counsel Harish Salve at the ICJ: 

"Every time Pakistan rejected consular access without giving any reason, this is a violation of Vienna Convention."

Senior Counsel Harish Salve at the ICJ: 

"Pakistan failed to give Kulbhushan Jadhav a legal representation."

"If Article 36 grants rights of consular access in all cases including where allegations of such kind are leveled, then demanding those can't be an abuse of those rights."

Senior Counsel Harish Salve at the ICJ: 

"India has always offered consular access to Pakistan even when its citizens have been caught red-handed in acts of terrorism. It is another matter that Pakistan has never availed the same."

"Pakistan used Military Court to try a civilian, legal procedure not followed"

Senior Counsel Harish Salve at the ICJ: 

Pakistan's conduct doesn't inspire confidence that Jadhav can get justice there. Pakistan has in custody an Indian National who has been publicly portrayed to be a terrorist and Indian agent creating unrest in Balochistan, Pakistan used Jadhav to build a narrative against India.

CJ Adjourned.

Pakistan makes their first-round arguments on February 19 from 10 am.

Ahead of the hearing, on Sunday Republic TV's Rhythm Anand Bhardwaj spoke exclusively to Harish Salve, the lawyer who will represent India’s case at the International Court of Justice.

Mr. Salve reflected confidence when Republic TV asked whether Kulbhushan Jadhav will get justice from ICJ and said:

"Justice, he will get. of course it's International Court of Justice. You will get your answer tomorrow".

 Republic accessed the representatives from India at the CJI oral hearing: 

Ahead of the oral hearing, Republic has exclusive details of India's stand before ICJ

• India will call Jadhav's confession a fabrication. 
• India will state military courts are a sham and violate international law. 
• India will state fair hearing has not been granted to Jadhav in Pakistan 

International Court of Justice Bench assembles for the hearing at The Hague, Netherlands. 

ICJ President reads out India's charges against Pakistan in Jadhav's case

Joint Secretary Deepak Mittal presents India's stand at the ICJ.

Senior Counsel Harish Salve presents India's arguments in the Kulbhushan Jadhav Case at the ICJ

"This is an unfortunate matter where the life of an Indian at risk. It is an egregious violation of the Vienna Convention."

"Pakistan has no real issues, Pakistan says its espionage."

"Pakistan is facing global criticism. They are establishing propaganda."

"Pakistan is always on rhetoric and blurring on facts. It should be declared unlawful as they are not giving consular access of Jadhav to India."

Senior Counsel Harish Salve at the ICJ: 

"Trial by the military court in Pakistan does not satisfy procedures."

"Pakistan is bound to give consular access without delay. 13 reminders have been sent to Pakistan for consular access by India"

"No documents of Jadhav's trial were given to India, the date of detention was not disclosed." 

Senior Counsel Harish Salve at the ICJ: 

"India provided documents to Pakistan to establish Kulbhushan Jadhav's identity."

"Pakistan has made purported confessional video of Jadhav." 

"India demanded chargesheet copies, was denied access to key papers."

"India was dismayed at the manner the meeting with Jadhav's family was conducted."

 Senior Counsel Harish Salve at the ICJ: 

"On June 19, 2017, India responded to the request for assistance in investigation & pointed that not only Jadhav had been denied consular access but no credible evidence have been provided by Pakistan to show his involvement in an act of terrorism."

The public hearing in the Kulbhushan Jadhav case will commence from Monday before The International Court of Justice (ICJ) at The Hague during which India and Pakistan will be presenting their arguments to the top UN Court. 

The hearings will be streamed live on the Court's website as well as on UN Web TV, the United Nations online television channel.

It is expected that the ICJ's decision may be delivered by the summer of 2019.

What is the case? 

• Kulbhushan Jadhav, 48, was sentenced by the Pakistan military court on the charges of terrorism and espionage on April 10, 2017. 
• He was convicted of carrying out 'subversive activities' in Pakistan on a "special mission" for the Indian government and has been sentenced to death by the military court in the neighbour country. 
• He was alleged to be a RAW spy, the charge which India has repeatedly denied, but have conceded that he is indeed an Indian national and a retired naval officer. 
• Jadhav was reportedly arrested in Mashkal district of Balochistan while supposedly entering from Iran in an alleged counter-intelligence operation on March 3, 2016. He has been held in the Pakistan custody since then. 

Court proceedings

A 10-member bench of the ICJ on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.

The timetable for the public hearing is scheduled from 18-21 February.  

• February 18- Harish Salve will represent New Delhi in the case, is expected to argue first. 
• February 19- The English Queen's Counsel Khawar Qureshi will make submissions from Islamabad's side
• February 20- India will respond
• February 21- Pakistan will make its closing submission

It is expected that the ICJ's decision may be delivered by the summer of 2019.

"India will present its case before the court. Since the matter is subjudice it is not appropriate for me to state our position in public. Whatever we have to do, we will do at the court," Ministry of External Affairs Spokesperson Raveesh Kumar said last week in response to a question.

Pakistan's Attorney General Anwar Mansoor would lead the Pakistani delegation at the ICJ while Director General South Asia Mohammad Faisal would lead the Foreign Office side.

Ahead of the hearing, a senior Pakistani official said that his country is committed to implementing the decision of the ICJ in the Jadhav case.

Both India and Pakistan have already submitted their detailed written pleas and responses in the world court: 

India has 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's side: 

Islamabad said, "Since India did not deny that Jadhav was travelling on a passport with an assumed Muslim name, they have no case to plead."

They accused India of not explaining how "a serving naval commander" was traveling under an assumed name. 

India's side: 

India has been maintaining that the trial of Jadhav by a military court in Pakistan was "farcical" and that he was kidnapped from Iran where he had business interests after retiring from the Navy. Jadhav's sentencing had evoked a sharp reaction in India.

India had approached the ICJ for "egregious" violation of the provisions of the Vienna Convention on Consular Relations, 1963, by Pakistan in Jadhav's case.

Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its "spy".

However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.

In the pictures issued by Pakistan after the meeting, Jadhav was seen sitting behind a glass screen while his mother and wife sat on the other side. They spoke through intercom.

Later, India accused Pakistan of disregarding cultural and religious sensibilities of Jadhav's family members under the pretext of security by removing the mangal sutra, bangles and bindi of his mother and wife before they could meet him.

India also asserted that Jadhav appeared coerced and under considerable stress during the tightly-controlled interaction at the Pakistan Foreign Office.