19 Feb 2019 1:11 AM GMT
Yesterday, Senior Advocate Harish Salve submitted arguments for India before the International Court of Justice in the hearing of Kulbhushan Jadhav case.India has approached the world court against the move of Pakistan to execute the death sentence awarded to Jadhav on espionage charges.Salve submitted yesterday that the main issue in the case is whether Pakistan violated its obligations...
Yesterday, Senior Advocate Harish Salve submitted arguments for India before the International Court of Justice in the hearing of Kulbhushan Jadhav case.
India has approached the world court against the move of Pakistan to execute the death sentence awarded to Jadhav on espionage charges.
Salve submitted yesterday that the main issue in the case is whether Pakistan violated its obligations under Article 36 of Vienna Convention on Consular Relations 1963 by refusing India consular access to Jadhav when he was under detention.
He started his arguments saying that the case is an "unfortunate matter relating to the life of an innocent Indian".
"Construction of Article 36 of Vienna Convention, applying its language to conduct of Pakistan and evolving jurisprudence of Article 36 are the relevant issues", said Salve.
Key points from Salve's submissions are :
On violations of Vienna Convention
On lack of material against Jadhav
On illegality of military court's trial against Jadhav
"Pakistan's conduct doesn't inspire confidence that Jadhav can get justice there. Pakistan has in custody an Indian national who has been publicly portrayed to be a terrorist and Indian agent creating unrest in Balochistan. Pakistan used Jadhav to build a narrative against India, a pawn to further their propaganda," Harish Salve said in court.
"India submits that Pakistan has egregiously violated Article 36 of the Vienna Convention and demands that Jadhav be released forthwith", he said while concluding his oral arguments.
Pakistan will submit its arguments today.
Indian National, Kulbhushan Sudhir Jadhav was sentenced to death in Pakistan by a court martial on allegations 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.
Pakistan claims that its forces arrested Jadhav from Balochistan province on March 3, 2016, after he allegedly entered from Iran.However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.
India says that since the case involves the interpretation and application of a multilateral international treaty - Vienna Convention on Consular Relations- ICJ can exercise jurisdiction, regardless of Pakistan's consent.