India vs. Pakistan: World Court To Begin Public Hearing In 'Kulbhushan Jadhav' Case Today

India vs. Pakistan: World Court To Begin  Public Hearing In Kulbhushan Jadhav Case Today

"The hearings will also be streamed live on the Court's website and on UN Web TV."

The International Court of Justice will start hearing 'Kulbhushan Jadhav' case between India and Pakistan from today.

The hearing timings scheduled are as follows: Monday 18 February (10 a.m.-1 p.m.)-Tuesday 19 February (10 a.m.-1 p.m.)-Wednesday 20 February (3 p.m.-4.30 p.m.)-Thursday 21 February (4.30 p.m.-6 p.m.) The hearings will also be streamed live on the Court's website and on UN Web TV.

India will begin the arguments today before the bench presided by President Abraham, which will be followed tomorrow by Pakistan's reply. There is a second round of arguments on 20th and 21st February.

Indian National, Kulbhushan Sudhir Jadhav was sentenced to death in Pakistan by a court martial due to activities of "espionage, sabotage and terrorism". On 18th May 2017, the UN Court had directed Pakistan not to execute Yadav pending the final decision in these proceedings.

India's Case

India's case is that Pakistan is under the international legal obligation to the Indian national to allow him consular access and also the right to receive assistance from India in the ongoing proceedings. Despite persistent and repeated requests by India, Pakistan brazenly refused consular access until March 2017 — by which time the trial was concluded. A confession by the accused while in Pakistani custody has been taken into account in the course of the trial — which confession was recorded after India had sought consular access. Read India's application here.

Reliefs Sought

The hearing that would conclude on 21st February, and will essentially decide on these reliefs sought by India.

  • A relief by way of immediate suspension of the sentence of death awarded to the accused.
  • A relief by way of restitution in integrum by declaring that the sentence of the military court arrived at, in brazen defiance of the Vienna Convention rights under Article 36, particularly Article 36, paragraph 1 (b), and in defiance of elementary human rights of an accused which are also to be given effect as mandated under Article 14 of the 1966 International Covenant on Civil and Political Rights, is violative of international law and the provisions of the Vienna Convention; and
  • Restraining Pakistan from giving effect to the sentence awarded by the military court, and directing it to take steps to annul the decision of the military court as may be available to it under the law in Pakistan.
  • f Pakistan is unable to annul the decision, then this Court to declare the decision illegal being violative of international law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian national forthwith.