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Kulbhushan Jadhav case: Arguments presented by India, Pakistan at ICJ

Kulbhushan Jadhav case: Arguments presented by India, Pakistan at ICJ

On Monday, the International Court of Justice (ICJ) began its hearing on India's plea for suspension of retired naval officer Kulbhushan Jadhav's death penalty at The Hague.

India's legal team, led by former Solicitor General Harish Salve, was present in the court and was scheduled to first argue its case.

India on Monday demanded immediate suspension of Mr. Jadhav's death sentence, expressing fears that Pakistan could execute him before the hearing was over.

Looks like Pakistan is trying to influence Kulbhushan Jadhav's case by sending its Ambassador to UAE Moazzam Ahmad Khan to Hague, who is allegedly friend of a judge at the International Court of Justice (ICJ). While forcefully putting forth his argument, counsel for India Harish Salve said Pakistan denied 16 requests for counsel access.

Last month, Jadhav was sentenced to death by the Field General Court Martial (FGCM) for his alleged involvement in espionage and sabotage activities against Pakistan. However, the ICJ denied permission to the Pakistani side to play the video at the hearing, Indian officials in New Delhi said. India also said that Jadhav's trial was held under "farcical" circumstances in complete violation of the Vienna Convention. India asserts that the breach of the Vienna Convention is fatal.

"India generated a sense of urgency, improperly invoked the jurisdiction of the court on the basis of imminence, it wants provisional measures on the basis of this urgency invoked".

India asked that Jadhav's death sentence be suspended immediately and be declared illegal under global law.

The International Court of Justice has reserved its verdict regarding Indian application against the conviction of Indian Spy Kulbhushan Jhadav by Pakistan.

She further said that Jadhav's case is similar to that of Sabarjeet's as in both the cases Pakistan was unable to provide the evidence.

Jadhav was arrested in the restive southwestern province of Balochistan in March 2016, where a separatist insurgency has raged for years.

The court's president already has written to Pakistan urging it to take no action that could affect the hearings - effectively a request to prevent the death sentence being carried out. Salve also informed the court that even Jadhav's chargesheet was not made available to India. Qureshi added that Jadhav had been awarded death sentence according the law.

Pakistan said Jadhav had a 150-day period to seek clemency and could challenge his sentence in the high court.

However, it denies that he has any connection with the government.


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