Senior lawyer Harish Salve represented India at the International Court of Justice on Monday in the Day One of the four-day hearing concerning the death sentence given to Kulbhushan Jadhav by a Pakistani military court in 2017 on the charges of espionage and terrorism.
In front of UN's top court, India's counsel argued that Jadhav was illegally kept in custody by the Pakistan government and was not even provided with consular support, something which violates the international law.
Salve suggested that Pakistan had no defence for their claims and actions, and hence, are raking up issues which have no relevance to this case. He also argued that the neighboring country is embarrassed to provide necessary documents, given its claims will fall apart.
"It is an unfortunate matter where the life of an Indian is at risk. Pakistan is always on rhetoric and blurring on facts. Trial by the military court in Pakistan does not satisfy procedures. Pakistan is misusing global platform to push propaganda. Consular access to Kulbhushan Jadhav was denied despite 13 reminders by India to Pakistan. Jadhav's continued custody without consular access should be declared unlawful," Salve informed the ICJ at the Hague in Netherlands.
The senior counsel then exposed Pakistan's lie on Jadhav's arrest, stating that an FIR regarding the same was filed in the Pakistan court on April 8, 2016, more than a month after he was taken into custody.
He then further alleged that India had provided Pakistan with necessary documents concerning the identity of Jadhav, but the neighboring country failed to reciprocate the same.
"No documents of Jadhav's trial were given to India, date of detention not disclosed. India provided documents to Pakistan to establish Kulbhushan Jadhav's identity. India was dismayed at the manner the meeting with Jadhav's family was conducted" he said before adding, "Pakistan has made purported confessional video of Jadhav. India demanded chargesheet copies, was denied access to key papers. Pakistan violated bilateral agreement on consular access."
Kulbhushan Jadhav was sentenced to death 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.