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

Written By Aishwaria Sonavane | Mumbai | Published:

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  • 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.
  • Elucidating on 'consular access', the senior lawyer explained cases of Article 36. 

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. Elaborating on which, he spoke to Editor-in-Chief Arnab Goswami ahead of the Pakistan's first round of argument on Tuesday

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.

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

Salve suggested in the Court 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. Elucidating on 'consular access', the senior lawyer explained case of Article 36. 

He said, "There have been past cases of Article 36 but normally it has been a case where - take a country like the USA. There are people of so many nationalities who live there. If you are a nationalised American citizen, you don't get consular access because then you are in America. If you are not a nationalized citizen, like a citizen of Mexico, Latin American country, sometimes, when you are tried in a state court, nobody realizes you have consular access. Those are the kind of cases which have come. Ours is a different kind of case."

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.

READ| "Jadhav's Continued Custody Without Consular Access Should Be Declared Unlawful," Says Senior Counsel Harish Salve Representing India & Kulbhushan Jadhav In ICJ

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