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Updated February 19th, 2019 at 15:38 IST

Pakistan to present arguments on the day-2 of Kulbhushan Jadhav case in ICJ public hearing: LIVE updates

On the second day of the Kulbhushan Jadhav case where the Indian citizen is charged with espionage by the Pakistan Military Court, English Queen's Counsel Khawar Qureshi will make submissions from Islamabad's side. 

Reported by: Aishwaria Sonavane
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3: 38 IST, February 19th 2019

On the second day of the Kulbhushan Jadhav case where the Indian citizen is charged with espionage by the Pakistan Military Court, English Queen's Counsel Khawar Qureshi will make submissions from Islamabad's side. 

Senior Counsel Harish Salve representing India made the first round of oral proceedings in the public hearing of the Kulbhushan Jadhav case before the International Court of Justice on Monday. 

On the first day of hearing, India urged the ICJ to annul Jadhav's death sentence and order his immediate release, saying the verdict by a Pakistani military court based on a "farcical case" hopelessly fails to satisfy even the minimum standards of due process.

He said, "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."

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

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

Pakistan's Foreign Office spokesperson Mohammad Faisal in a video message posted on social media said that Indian arguments had nothing new.

"There was nothing new in India's argument on the issues which we raised, like our question about how he (Jadhav) got the passport with name of Hussain Mubarak Patel and how he travelled 17 time to India using that passport," he said.

Faisal said India also did not show any document like pension book or bank statement to prove that Jadhav had retired from the Indian Navy.

He said India demanded "acquittal, release and return" of Jadhav but "it had no answer to the question that how justice will be done with thousands of people who were killed due to his sabotage and terrorist activities."

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.

3: 38 IST, February 19th 2019

ICJ refused adjournment of hearing in Kulbhushan Jadhav case sought by Pakistan citing illness of their Counsel. 

 

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3: 38 IST, February 19th 2019

Pakistan's Attorney General Anwar Mansoor Khan is submitting his arguments in Kulbhushan Jadhav's case before ICJ

 

3: 38 IST, February 19th 2019

Anwar Mansoor Khan, Attorney General for Pakistan before ICJ

"We wish to make it absolutely clear that we remain committed to a peaceful resolution. Pakistan is a major victim of terrorism. Pakistan has suffered more than 74,000 casualties and fatalities caused mainly by the interference by our neighbour, India.

"Jadhav carried out bombings, targetted operations, kidnapping and unlawful activities to create anarchy in Pakistan and target the Pakistan-China Economic Corridor."

"I challenge India to quote a similar example where the person involved in espionage and terrorism has been granted access to the family on humanitarian grounds, as we have for Commander Jadhav." 

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3: 38 IST, February 19th 2019

Lawyer Khawar Qureshi before CJI:

"India doesn't know Pakistan, Pakistan is a state that has provided the largest contingent for peacekeeping, whose soldiers have lost lives in pursuing world security."

"India, I am sorry to say, has demonstrated a lack of faith throughout these proceedings... good faith is part of international law." 

Published February 19th, 2019 at 08:44 IST