LIVE-BLOG

Updated February 21st, 2019 at 08:35 IST

On Day-3 of Kulbhushan Jadhav case, India to put forth their argument before ICJ after Pakistan. LIVE updates

On the third day of the hearing, in the Kulbhushan Jadhav case, India will be putting its argument before the International Court of Justice (ICJ) after Pakistan cited India's claims for his release as 'outlandish'.

Reported by: Aishwaria Sonavane
| Image: self
8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at ICJ:

"We have been continuously asking for evidence against Jadhav. But Pakistan does not provide any. All Pakistan has is a passport. Pakistan says that Jadhav is a spy. Flying leap of faith. In an article in (a news organisation), it is quoted that at the time Pakistan says Jadhav was arrested from Iran-Pakistan border. But at that time Jadhav was in Baluchistan."

8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ: 

"There is no exception to Article 36 of the Vienna Convention, espionage is also not an exception."

Advertisement
8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ:

"Jadhav has been sent to gallows on the basis of an extracted confession."

8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ:

"Jadhav has been convicted by a military court... Military courts in Pakistan don't measure up to international procedures." 

Advertisement
8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ: 

"Pakistan used as a safe heaven by terror groups such as LeT's Hafiz Saeed, Al Qaeda..."

8: 35 IST, February 21st 2019

Senior Counsel Harish Salve contrasts judicial review by Supreme Court of India and that of military court in Pakistan through 26/11 trial against Ajmal Kasab and that of Jadhav in Pakistan's military court at the ICJ:

"When we talk of review, I'd like to draw your attention in stark contrast in Ajmal Kasab case, where the Supreme Court in India held that since it is a case of death sentence we may examine the materials on record first hand. This is called a review."

 

Advertisement
8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ:

"As old lawyer saying goes 'When you are strong on law you hammer the law, when you are strong on facts you hammer the facts and when you are strong on neither you hammer the table'. Bereft of a case, Pakistan has hammered the proverbial table."

 

8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ:

"Pakistan has mischaracterised India's reading of the report"

Advertisement
8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ: 

"A criticism of a sovereign state of the case made out of the other state must be in language consistent with the dignity of other states. Humpty Dumpty has no place in this court. The transcript is peppered with words such as shameless ,nonsensical, laughable, breathtaking arrogance. India takes exception to being addressed in this fashion. I would let the matter rest as Indian culture prevents me from indulging in a similar language of insults "

8: 35 IST, February 21st 2019

Pakistan attacked in ICJ for lying that they did not know that Kulbhushan Jadhav was Indian. 

Senior Counsel Harish Salve says, "In all note verbals, in 13 reminders, Pakistan did not question Jadhav's nationality. Unlike Pakistan, India never denies nationality of its nationals."

Advertisement
8: 35 IST, February 21st 2019

On the third day of the hearing, in the Kulbhushan Jadhav case, India will be putting its argument before the International Court of Justice (ICJ) after Pakistan cited India's claims for his release as 'outlandish'. 

At the hearing on Tuesday, Pakistam got snubbed when they sought replacement of an ad-hoc Pakistani judge before the hearing began. 

Pakistan's Attorney General Anwar Mansoor Khan said his country's ad-hoc judge to the ICJ, Tassaduq Hussain Jillani, suffered cardiac arrest on Monday during the first day of hearings of the case and requested that his replacement be sworn-in before he could make his argument.

READ| SUPER EXCLUSIVE: After The ICJ Hearing, Senior Counsel Harish Salve Elaborates On The Unlawful 'consular Access' Denied To Kulbhushan Jadhav By Pakistan

Jadhav, 48, was sentenced to death by a Pakistani military court on charges of espionage and terrorism on April 11, 2017, following which India moved the ICJ, challenging the verdict. Subsequently, on May 18, 2017, a 10-member bench of ICJ restrained Pakistan from executing Jadhav till the adjudication of the case.

During the hearing on Monday, India's advocate Harish Salve raised questions over how a military court could hold a trial for a civilian without giving him a due and transparent right to defend.

Khan, in his counter, said, "All laws are made by Parliament in accordance with the Constitution after proper debate and discussions. Local laws are within the domain of Parliament and the independent courts of Pakistan. Similarly, the creation of military courts was through this Parliamentary process."

India had yesterday highlighted that Jadhav was being used as a pawn by Pakistan to build a narrative against New Delhi - a claim which was strengthened by Pakistan's statements at The Hague today.

READ| ICJ To Hold Public Hearings In Kulbhushan Jadhav Case. LIVE UPDATE

(With PTI inputs)

8: 35 IST, February 21st 2019

NRIs gather outside ICJ at the Hague in Netherlands in support for Kulbhushan Jadhav.

 

Advertisement
8: 35 IST, February 21st 2019

Senior Counsel Harish Salve at the ICJ begins speaking at ICJ to present India's argument.

 

Published February 20th, 2019 at 14:06 IST