Published: Tue, May 16, 2017
Global | By Maureen Mccoy

Salve charged Re 1 for fighting Jadhav's case at ICJ: Swaraj

Salve charged Re 1 for fighting Jadhav's case at ICJ: Swaraj

International Court of Justice (ICJ) on Monday reserved judgment on the petition filed by India seeking to halt implementation of death sentence awarded by Pakistan to its spy Kulbhushan Yadav.

We want appropriate legal representation for Jadhav, India told the UN's main judicial body which has stayed his death sentence.

Pakistan's lawyer Khawar Qureshi claimed India has not proved that Jadhav is its national and that consular access can not be given.

At the end of the day's proceedings ICJ President Ronny Abraham announced that the verdict in the matter would be given "as soon as possible" and the date delivered in a public sitting.

India made a forceful submission as the ICJ began hearing the case of the 46-year-old former Navy officer who was arrested on March 3 last year and sentenced to death by a Pakistani military court on charges of espionage and subversive activities. While delivering the arguments in the ICJ, Pakistan maintained that the state would not deter in fight against terrorism and those sponsoring terror could not shake its resolve.

India, in its appeal, has asserted that Jadhav was kidnapped from Iran, where he was doing business after he retired from the Indian Navy. Furthermore, India has denied that he has any connection with the government. The council cited Vienna Convention on Diplomatic Relations of 1961 to challenge ICJ's jurisdiction in the case.

Qureshi also stressed on the fact that assistance in investigation was a "fundamental requirement" for consular access. "Else, it will be a violation of the Vienna Convention", said Salve.

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He said India did not express any reaction on use of fake Passport by its citizen.

Jadhav was arrested in the southwestern province of Balochistan a year ago and Pakistani officials claim he has confessed to spying for Indian intelligence services.

Counsel Khawar Qureshi, who represented Pakistan at the ICJ, sought the "dismissal" of India's application, saying that there was "no urgency" because the clemency process would take 150 days. Islamabad has also not responded to a visa application by Jadav´s parents seeking to travel to Pakistan to visit their son, he said. He called India's description of the Pakistani military court as a "Kangaroo court" "bizarre". We have a long border with India where millions of people reside.

In an emergency hearing yesterday, lawyers for New Delhi urged the International Court of Justice to halt the execution of Kulbhushan Sudhir Jadhav.

He said the court was not apprised that Jadhav was arrested in Balochistan and that he possessed double passports and birth certificates.

Ambassador Moazzam Ahmad Khan, Director General (South Asia and Saarc) Dr Muhammad Faisal and counsellor Syed Faraz Hussain were present at the Peace Palace as members of Pakistan's legal team.

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