Published On : Mon, May 15th, 2017

Kulbhushan Jadhav case in ICJ LIVE updates: Harish Salve starts speaking

3:27 PM IST
Have strong prima facie case on merits, seek restitutio integrum (restoration to original condition): Harish Salve

3:11 PM IST
Deepak Mittal takes the dais. He reiterates India’s demands. Judges close the sitting. Pakistan will argue its case at 6:30 pm IST.

3:09 PM IST
Harish Salve concludes his arguments.

3:07 PM IST
Jadhav’s appeal would be heard by a military court, presided over by a two-star general, whereas his death sentence was confirmed by a four-star general: Harish Salve raises doubts over Pak military court’s impartiality.

3:03 PM IST
Pakistan’s conduct violates the Vienna convention. The more serious the charge, the greater the need for procedural safeguards to protect the rights of the accused: Harish Salve says in the International Court of Justice

2:53 PM IST
Vienna convention doesn’t provide any exception as to providing consular access: Harish Salve

2:51 PM IST
Harish Salve cites Nicaragua, Germany and Mexico’s examples. India seeks annulment of death sentence announced by Pak military court for Kulbhushan Jadhav. India said Pakistan blocked India’s efforts to provide legal aide to Jadhav and denied consular access, which is in violation of Vienna convention.

2:37 PM IST
India relies on Vienna convention: Harish Salve

2:35 PM IST
Jadhav’s tape was doctored: Harish Salve

2:33 PM IST
India explains why the International Court of Justice has jurisdiction in the case.

2:29 PM IST
India’s assert its application that Pak didn’t give consular access despite many requests by India: Harish Salve

2:26 PM IST
India’s case is that through out his incarceration, Jadhav was denied consular access :Harish Salve

2:23 PM IST
India refutes allegations on Kulbhushan Jadhav :Harish Salve

2:20 PM IST
Jadhav’s mother filed an appeal despite not having access to him, documents and even without knowing the charges against him: Harish Salve

2:19 PM IST
Jadhav’s mother filed an appeal despite having access to him, documents and even without knowing the charges against him: Harish Salve

2:19 PM IST
It is imperative to prevent irreparable damage to Jadhav’s rights: Harish Salve

2:13 PM IST
Harish Salve gives instances when the International Court of Justice ordered provisional relief to death row convicts pending trial in the ICJ.

2:05 PM IST
India demands provisional measures to stay Jadhav’s execution.

2:05 PM IST
India couldn’t arrange for defense aide to Jadhav due to the denial of consular access: Harish Salve

2:04 PM IST
Pakistan refused documents, consular access: Harish Salve

2:03 PM IST
India made innumerable requests for consular access: Harish Salve

2:01 PM IST
Harish Salve starts speaking in the International Court of Justice.

1:58 PM IST
India and Pakistan are both parties to convention, hence are under court’s jurisdiction: VD Sharma

1:57 PM IST
India has been seeking consular access since it was informed of Kulbhushan Jadhav’s arrest: VD Sharma

1:55 PM IST
Co-agent VD Sharma addresses judges at the International Court of Justice.

1:53 PM IST
There is an immediate threat that execution would be carried out before court can decide the case on its merit: Deepak Mittal

1:52 PM IST
Request for defense lawyer not responded to, visa to parents was not given: Deepak Mittal

1:51 PM IST
Consular access denied repeatedly, Pakistan didn’t provide any document to India despite requests: Deepak Mittal

1:47 PM IST
Jadhav held on concocted charges, his human rights thrown to the winds: Dr Deepak Mittal

1:46 PM IST
Dr Deepak Mittal, India’s agent, starts speaking at ICJ.

1:44 PM IST
India may avail itself of short extension of its 90 minutes: Judge Abraham

1:47 PM IST
Jadhav held on concocted charges, his human rights thrown to the winds: Dr Deepak Mittal

1:46 PM IST
Dr Deepak Mittal, India’s agent, starts speaking at ICJ.

1:44 PM IST
India may avail itself of short extension of its 90 minutes: Judge Abraham

1:37 PM IST
India wants–suspension of sentence, declare military court’s case against Vienna convention, annual the sentence given to Jadhav, stop his execution.

1:34 PM IST
Judges arrive, proceedings begin

1:28 PM IST
Harish Salve arrives in the International Court of Justice to present India’s case

1:24 PM IST
Also read: India gets 90 minutes to save Kulbushan Jadhav at ICJ; all you need to know

1:23 PM IST
Indian team reaches The Hague, will start presenting case in a short while.

1:15 PM IST
India will present its case in 90 minutes from 1:30 pm to 3 pm. Pakistan will do that in the evening at 6:30 pm.

1:10 PM IST
Indian team leaves for the Hague to present its case to the judges at the International Court of Justice. The team is led by Harish Salve.

Harish Salve
The Hague:
India and Pakistan are fighting each other in the International Court of Justice for the first time in 18 years. The bone of contention this time is the death sentence announced to former Indian naval officer, Kulbhushan Jadhav, on trumped-up charges of espionage. Both India and Pakistan will get 90 minutes to present their cases. Harish Salve would represent Indian the tribunal.

India is arguing that Pakistan’s announcement of the death sentence was in violation of Vienna convention on consular relations. India was denied consular access 16 times by Pakistan, which would be the main argument of Harish Salve. India would argue that Pakistan didn’t even inform about Jadhav’s arrest, which is a clear violation of Vienna convention. India would also tell the ICJ that Kulbhushan Jadhav was not given a fair trial and the due process of law by Pakistan. He was not given a proper trial and his trial in the military court was completed in total secrecy. India alleged that Pakistan didn’t conduct his trial in a civilian court as he it didn’t have enough evidence against the Indian business.

India and Pakistan have been at loggerheads over this issue. While Pakistan had claimed that Jadhav was involved in subversive activities and was arrested in restive Balochistan, India has countered saying that he was just a businessman and was abducted from Iran. A German diplomat had also backed India’s claims, saying he was kidnapped by terrorists in Iran and sold to Pakistan. Pakistan PM’s foreign adviser, Sartaj Aziz, also said that Pakistan had no evidence against Jadhav. He, however, changed his position later.

What is International Court of Justice?
The ICJ is the judicial wing of the United Nations. It was established in June, 1945. It is situated in the Peace Palace in The Hague, Netherlands. It consists 15 judges who are elected by the UN Assembly and the Security Council for 9 years. After their elections, the judges functions solely as officers of the Court and not as representatives of their respective countries. All the members if the United Nations automatically come in its jurisdiction.

Major points in the case
March 3, 2016: Jadhav was arrested and was accused spying for India’s RAW.
March 29, 2016: Pakistan produces a video which shows him “confessing” his crimes. India said that it was highly doctored. Pakistan charged him with terrorism.
Pakistan’s foreign advisor, Sartaz Aziz, said Pakistan had no evidence against Jadhav. On March 7, 2017, he changed his stance.
April 4, 2017: Jadhav sentenced to death by an army court.
May 8, 2017: India moves ICJ.
May 9, 2017: India secures stay order on his execution.
Pakistan has denied counsular access 16 times.