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India Fights For Kulbhushan Jadhav, Here Is What Happened In A Four-day Hearing At The ICJ

The increasing tension between India and Pakistan continues in a four day hearing at the International Court of Justice (ICJ) on Kulbhushan Jadhav Case. The Indian National was sentenced to death by the Pakistani military court on charges of espionage and terrorism, after the closed trial in April 2017.

 Kulbhushan Sudhir Jadhav, the 48-year-old was in Balochistan, Pakistan, on 3rd March 2016, where he was arrested on the charges of “terrorism and spying” for India’s Intelligence agency, the  Research and Analysis Wing (RAW). Due to efforts by India to annul the death sentence and rebuke the Pakistan military court's decisions the case was moved to International Court of Justice for the final judgement  (May 2017).   

The Kulbhushan Jadhav case concluded on Thursday at the ICJ as Pakistan delivered a final salvo accusing India of maintaining “double standards”. It added that the accusations made by India against them lacked any evidence.
On 20th Feb India had questioned the decision of the Pakistan court, allegedly based on 'extracted confessions'.

On the first day of the hearing, Mr. Salve on behalf of India argued that Pakistan violated the ‘Vienna Convention’ according to which  Pakistan failed to give consular access to India (Article 36). 

'“Jadhav’s trial by military court hopelessly fails to satisfy even minimum standards of due process & should be declared  ‘unlawful',” argued Salve. 

"serious charges need strict adherence to due process. Inhuman detention is a violation of universal rights," he added.

 On the second day of hearing Pakistan’s attorney general, Anwar Mansoor Khan blamed India for the terrorism casualties they have suffered due to India’s interference. 

"At no material point time [even now] has India furnished any evidence that Commander Jadhav is an Indian national, despite repeated requests," said Qureshi in his arguments.  

 Meanwhile, Deepak Mittal told the ICJ appealed to annul the death sentence.

Annual the decision of the military court and restrain Pakistan from giving effect to the (death) sentence.  Release Jadhav and ensure his safe passage to India. If not then direct a trial under normal law before civilian courts with full consular access,” he lashed back.

 Whereas Pakistan argued by citing the Afzal Guru case quickly shot back.

" The Supreme Court of India upheld his death sentence on the ground of satisfying ‘collective conscience of the society’. Is that a  ground for hanging,’ Qureshi reprimanded.  

Besides, he also cited Gujarat riots, Samjhauta Express blast case, Kathua rapee and use of pellet guns to show how the criminal justice system functions in India in its concluding submissions. The final decision on the matter will be probably given within six months, both the parties will be informed of the whereabouts of when the judgment will be delivered. 

The Kulbhushan Jadhav case opened up for a four day hearing at the start of this week at ICJ. From India, the delegation is being headed by Joint Secretary of External affairs Deepak Mittal and Harish Salve who is the Counsel.

Pakistan delegation was led by the Attorney general, Anwar  Mansoor Khan, with Khawar Qureshi as Counsel.  The case has a total number of 16 judges including India’s Dalveer  Bhandari. Earlier former Chief Justice of Pakistan Tassaduq Hussain  Jilani who was appointed as an ad-hoc judge was not able to attend the hearing because of a medical condition, but he later joined on  Thursday. 

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