Kulbhushan Jadhav Case [LIVE] | India v. Pakistan: Day-3 of hearing; India to begin with its second round of oral arguments

“India’s hands are sullied”

                                                  -Mr Khawar Qureshi (Representing Pakistan)

In the Kulbhushan Jadhav Case, ICJ will begin the hearing for the second round of oral arguments today, i.e. 20-02-2019. India will be placing its arguments before the Court today and tomorrow Pakistan will.

Pakistan in its arguments placed before the ICJ in yesterday’s hearing (19-02-2019) stated that:

“India’s Application should be declared inadmissible by reason of India’s conduct in this context manifesting abuse of rights, lack of good faith, illegality, lack of clean hand and misrepresentations.”

“India’s claim for “at least”, “acquittal, release or return”/annulment of the conviction is at best misconceived, at worst made in bad faith in the light of the Court’s previous decisions consistently rejecting such a claim.”

“India has not made any other relief, thus its application should be dismissed.”

Stay tuned for the Live Updates.


 

 

 

 

Image Credits: Indian Express


LIVE UPDATES: India v. Pakistan [India to begins with the second round of oral arguments]

“Government of India requests this court to adjudge and declare that Pakistan acted in egregious breach of Article 36 of Vienna Convention”, Stated Deepak Mittal (Govt. of India’s Agent) 

  • Harish Salve starts with oral arguments.
  • As old lawyer saying goes ‘When you are strong on the 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’.Berefet of a case, Pakistan has hammered the proverbial table.
  • Pakistan has mischaracterized India’s reading of the report on Military Courts as an attempt to mislead the Court.
  • Pakistan’s comments deriding Lahore High Court Bar Association yesterday are regrettable.
  • Harish Salve on Pakistan Counsel’s arguments: 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.
  • India never suggested estoppel.  At least we keep reminding ourselves that we are in an International Court, not Commercial Court.
  • Pakistan did not question Jadhav’s nationality when 13 reminders were sent from India.
  • “Indian nationals are not the kind whose nationality needs to be denied.”
  • Biodata mentions that Jadhav was a former Indian Navy officer. This would be proof of his Indian nationality. Indian nationals are not the kind whose nationality needs to be denied.
  • Salve mentions the Mumbai Attack in 2008.
  • “If Jadhav had been involved in subversive activities, irrespective of whether or not he had an Indian passport, he would have been tried for espionage.”
  • “Pakistan has nothing beyond a confession and Passport.” [Pakistan has nothing beyond the extracted confession on which Mr. Jadhav has been convicted of participation in the subversive activities. Possessing a passport does not make you party to offences. Your role in those offences is what gets you a conviction. Not having a passport which would enable you to sneak into a country, as you mean there was such a passport.
  • India has repeatedly asked for a copy of the judgment convicting Jadhav and charges against.
  • “Pakistan claims to have clinching evidence on the basis of articles in the Indian press.”
  • Supreme Court of Pakistan has suppressed operation of Peshawar High Court cited by Pakistan. On one hand, Pakistan is challenging that judgment in Supreme Court, on the other, it is citing it in ICJ, Salve.
  • Kasab’s case cited by Salve in regard to “review.” When we talk of review, I’d like to draw your attention in stark contrast in the 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.
  • Pulwama Terror Attack mentioned by Harish Salve in line of other terror attacks by Pakistan. [Kulbhushan Jadhav has become a pawn in Pakistan tool to divert international scrutiny from itself, Salve says. The Indian counsel then refers to the terror attack in Pulwama on February 14 that killed at least 40 CRPF personnel. [United Sates has even called upon Pakistan “to end immediately the support and safe haven provided to all terrorist groups operating on its soil, whose only goal is to sow chaos, violence and terror in the region.]
  • There was a time when Pakistan was respected but not anymore.
  • Jadhav’s trial was completed in 4-6 months. What happened to the 150 people killed in the Mumbai terror attacks?
  • “One of the reasons why India seeks Mr. Jadhav’s release, apart from showing propaganda, is that he has become a pawn and a convenient tool for Pakistan to try and unsuccessfully divert global attention from its own conduct.”
  • “The time has come for this Court to make Article 36 a potent weapon for the protection of human rights.”
  • Salve ends his arguments.
  • India’s agent Deepak Mittal placed the relief being sought by India before ICJ.
  • President Abdulqawi Ahmed Yusuf speaking on appointment for ad-hoc Judge for Pakistan.
  • ICJ President Abdulqawi Ahmed Yusuf then refers to Pakistan’s request to replace ad-hoc Pakistani judge Tassaduq Hussain Jillani, who had suffered a cardiac arrest on the first day of hearings. “Judge ad-hoc Gilani was given case files and participated in all court deliberations before these hearings,” he says. “He will receive all transcripts of oral proceedings. He will continue to participate.”
  • Sitting Adjourned.

Pakistan will present its final round of arguments tomorrow, i.e. 21-02-2019.

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