As it happened: Day 1 of the hearing in the Kulbhushan Jadhav case at the International Court of Justice

Kulbhushan Jadhav. File   | Photo Credit: PTI

The International Court of Justice (ICJ) on Monday began a four-day public hearing in the case of Kulbhushan Jadhav sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.

India moved the ICJ in May in 2017 against the “farcical trial” by the military court of Pakistan against 48-year-old Jadhav, a retired Indian Navy officer.

Here are the live updates:

4.20 p.m.

 

The ICJ reconvenes.

"Jadhav’s trial by military court hopelessly fails to satisfy even minimum standards of due process & should be declared "unlawful"," says Mr. Salve. "Serious charges need strict adherence to due process. Inhuman detention is a violation of universal rights."

Non-observance of 36 1B of the Vienna Convention is prejudicial to the guarantees of due process of law, says Mr. Salve.

"If article 36 grants rights of consular access in all cases including where allegations of such kind are leveled, then demanding those can't be an abuse of those rights,"  he adds.

"India has always offered consular access to Pakistan, even if those arrested were caught red-handed. It is another matter that Pakistan never availed of the offers," says Mr. Salve.

"We have not seen the evidence against Jadhav. We have not seen the judgement of the military court. All we have is the doctored confessions over and over again,"  says Mr. Salve.

"Pakistan has knowing, wilfully and brazenly violated Article 36 of the Vienna Convention. Honorouble judges, I respectfully submit that consequences must follow," says Mr. Salve.

4.00 p.m.

 

It has been confirmed that former Pakistan Chief Justice Jilani, who was unable to sit for the hearing, has been taken to the hospital. He had taken ill in the morning, reports Vidya Ram.

 

3.30 p.m.

On the Vienna Convention

Harish Salve reads out the various sections and articles of the Vienna Convention under which foreign prisoners fall. "India and Pakistan have a bilateral agreement on consular access," he says.

"The Vienna Convention is a powerful tool that ensures the facility of consular access to foreign nationals who have been put on trial in foreign trial," he says. "Article 36 of the Vienna Convention says that a country must be informed about the detention of its citizens but Pakistan did not inform India about his arrest."

Without consular access, he says, "India has no information on what happened to Kulbhushan Jadhav in Pakistan."

The court adjourns for a break.

2.30 p.m.

ICJ Hearing begins

Hearing begins. Former Pakistan Chief Justice Jilani, who was due to be sworn in as an ad hoc judge in the case is unable to sit for the Monday's hearing. The court is yet to confirm why.

ICJ judge reads out the case history.

Ex-solicitor Harish Salve, who leads India's legal team calls Pakistan's action an "egregious violation of the Vienna Convention".  He says there are only two broad issues in Jadhav case, including breach of Vienna Convention on consular access.

" There is no manner of doubt that Pakistan was using this as a propaganda tool. Pakistan was bound to grant consular access without delay," news agency ANI reports Mr. Salve as saying. 

"Pakistan did not provide credible evidence and failed to disclose specific offences in the Jadhav case," he adds.

Mr. Salve recounts the chain events leading to Jadhav's imprisonment and India's attempts to attain consular access to him. "India's request (for consular access) did not evoke any response. 13 reminders were sent to Pakistan by India on various dates."

India asks for the ICJ to declare the Pakistani military trial of Jadhav and the lack of consular access accorded to him unlawful, and to direct his immediate release.

Mr. Salve also says Pakistan filed the FIR almost a month after the arrest of Jadhav.

“In April 2016 and FIR was registered against Jadhav. In May 2016, Jadhav was interrogated, and India sent reminders for consular access across May, June, and July,” Mr. Salve says.

“India reminded Pakistan for consular access — 13 reminders were sent — but to no avail,” he says.

“Pakistan is embarrassed to disclose charges against Jadhav,” he says, adding that Pakistan did not inform Kulbhushan Jadhav of his rights.

2.20 p.m.

ICJ cases

The ICJ is the main judicial arm of the UN, established in 1945 to deal with “contentious” cases submitted to it by member states and to give advisory opinions on legal questions referred to it, but is not a criminal court. A judgment could be expected within months of the hearings.

India’s legal team is expected to be led by Harish Salve, and Pakistan’s by Khawar Qureshi, a London-based Queens Counsellor. While one of the ICJ judges – Dalveer Bhandari – is Indian, the former Chief Justice of Pakistan Tassaduq Hussain Jilani will serve as an ad hoc judge on the case.

The case is only the fourth one involving a death sentence to be heard by the ICJ since the first in 1999, and the first that does not involve the US. The previous three cases involved Germany, Mexico and Paraguay.

Read more

 

2.10 p.m.

Three-hour hearing

The three-hour hearing will be split into two one and a half hour session preceded by the swearing in ceremony in of Former Chief Justice of Pakistan Tassaduq Hussain Jilani as an ad hoc judge in the case. This will take the total number of judges hearing the case to 16, including India’s Dalveer Bhandari.

Deepak Mittal, joint secretary of the Ministry of External Affairs is India’s Agent, heading the team, with Harish Salve as Counsel. The Pakistani delegation is led by the Attorney General, Anwar Mansoor Khan, with Khawar Qureshi as counsel.

Following the four days of hearings, the judgement is typically expected within six months and is based on the decision by a simple majority of judges. Should there be an even split, the President has the casting vote.  The decision of the court is final, and without appeal though there are limited circumstances where parties can ask for revisions or interpretations of a verdict.

(With inputs from PTI)

This article is closed for comments.
Please Email the Editor

Printable version | Jan 23, 2021 5:00:02 AM | https://www.thehindu.com/news/national/live-updates-icj-hearing-in-kulbhushan-jadhav-case/article26302220.ece

In Depth
No second consular access planned for Jadhav: Pakistan
Pak forcing Kulbhushan Jadhav to parrot false narrative to help its case
India accepts Pakistan’s offer of consular access to Kulbhushan Jadhav
Kulbhushan Jadhav to meet Indian officials on September 2
Pakistan silent on granting consular access to Kulbhushan Jadhav
India seeks unimpeded consular access to Kulbhushan Jadhav
Pakistan grants consular access to Kulbhushan Jadhav
Review Kulbhushan Jadhav sentence, grant consular access, ICJ tells Pakistan
International Court of Justice to deliver verdict in Kulbhushan Jadhav case on July 17
Kulbhushan Jadhav case: Pakistan committed to implementing ICJ’s decision in, says Official
Kulbhushan Jadhav ICJ hearing | Live updates: Jadhav tried under espionage law in military court, says Pakistan
Kulbhushan Jadhav ICJ hearing day 3 | As it happened
Pakistan's counsel Khawar Qureshi speaking at the second day of the hearing in the Kulbhushan Jadhav case at the International Court of Justice on February 19, 2019.
As it happened: Day 2 of the hearing in the Kulbhushan Jadhav case at the International Court of Justice
You are reading
As it happened: Day 1 of the hearing in the Kulbhushan Jadhav case at the International Court of Justice
Kulbhushan Jadhav case: World court to hold four-day public hearing from February 18, 2019
Kulbhushan Jadhav case: Pakistan to file second counter-memorial in ICJ on July 17
Kulbhushan Jadhav to undergo another trial
Kulbhushan Jadhav
ICJ fixes time-limits for India, Pak. in Jadhav case
Jadhav’s family harassed: India
Friends rally support for Kulbhushan Jadhav
Kulbhushan Jadhav meets his mother, wife; meeting a humanitarian gesture, says Pakistan
Wife and mother to meet Kulbhushan Jadhav on Monday
Pakistan issues visas to Kulbhushan Jadhav’s wife and mother
Pakistan files counter in ICJ
Pakistan directs its High Commission in Delhi to issue visas to Jadhav’s family
Pakistan allows Jadhav's wife, mother to meet him on Dec. 25
Can Pak. ensure safety of Jadhav kin, asks India
Jadhav letter was sent to Pakistan, says India
Pakistan’s Jadhav dilemma
Friends, family elated over Jadhav meeting wife
Pakistan offers a meeting of Commander Jadhav with his wife on humanitarian grounds
Kulbhushan Jhadav case: Pakistan designates ad hoc judge at ICJ
Kulbhushan Jadhav case: Pakistan prepares to file plea in ICJ
India rubbishes Pakistan claim on swapping Kulbhushan Jadhav for jailed terrorist
Proposal made to swap Kulbhushan Jadhav for terrorist: Pakistan Foreign Minister
Former AG, ex-Jordanian PM top contenders for Pak’s ICJ ad-hoc judge choice
Jadhav mother's visa application being studied: Pakistan Foreign Office
Kulbhushan Jadhav case: India denied consular access again
Full text of Kulbhushan Jadhav's alleged second confession
Kulbhushan Jadhav files mercy petition before Pakistani military chief
Kulbhushan Jadhav case: ICJ asks India to make submission by September 13
Kulbhushan Jadhav case: Pakistan Attorney-General to lead team to ICJ on June 8
Pakistan claims to have fresh evidence in Jadhav case
ICJ Ruling doesn’t change status of Jadhav case: Pakistan
Pakistan should not execute Kulbhushan Jadhav till our final verdict, says ICJ
Pakistan should not execute Kulbhushan Jadhav till final verdict, rules ICJ
ICJ verdict on Kulbhushan Jadhav at 3.30 p.m. today
Kulbhushan Jadhav’s trial farcical, says India at ICJ
The Indian delegation at the International Court of Justice in the Kulbhushan Jadhav case.
Not one jot of evidence provided by India, says Pakistan at ICJ
Jadhav case: Hope justice in the form of provisional measures will be given, says Harish Salve
The Hague battle for Kulbhushan Jadhav on Monday
Surprised by ICJ order, Pak. mulls next move
ICJ writ may not be applicable to Pakistan
Hope and joy over reprieve for Kulbhushan Jadhav
Pakistan Prime Minister Nawaz Sharif. File photo
Nawaz Sharif discusses Jadhav issue with Pak Army chief
India approached ICJ as Jadhav is in illegal detention: MEA
International Court of Justice stays Kulbhushan Jadhav's execution
India asks Pakistan for certificate on Jadhav’s health condition
A mom’s plea to to save her son reaches Pak. doorsteps
Recourse to ICJ ‘carefully considered’
India again demands consular access to Kulbhushan Jadhav
Jadhav: No breach of pact, says Pak.
India again seeks consular access to Jadhav
Pakistan army refuses consular access to Jadhav
The strange case of Kulbhushan Jadhav
Iran’s silence on Jadhav baffling
Pak. readies dossier on Kulbhushan Jadhav
Kulbhushan Jadhav: Indian ‘agent’ in Pakistan
Amid row over Jadhav, India cancels maritime talks with Pak
India to appeal against Jadhav’s death sentence, seeks consular access again
Indian envoy to meet Pak’s Foreign Secretary on Kulbhushan Jadhav’s case
Kulbhushan Jadhav issue: No compromise, says Pakistan
Kulbhushan Jadhav's sentence: Like the LaGrand brothers
Many options to save Jadhav
Kulbushan Jadhav death sentence: Risky, ill-considered
Nepal link to Jadhav verdict?
Pakistan Defence Minister Khawaja Muhammad Asif
Jadhav has 60 days to appeal before President: Pak. Defence Minister
A passport (No. L9630722), purportedly belonging to Kulbhushan Jadhav.
Legality of death award for Jadhav questionable, say intelligence sources
In protest against death for Jadhav, India not to release 12 Pakistan prisoners
A passport (No. L9630722), purportedly belonging to Kulbhushan Jadhav.
Who is Kulbhushan Jadhav?
Full text of Kulbhushan Jadhav's alleged confession
Parliament unites to save Jadhav
Pakistan sentences former Indian naval officer to death
Aziz admits ‘insufficient evidence’ on Kulbushan Jadhav
A passport (No. L9630722), purportedly belonging to Kulbhushan Jadhav.
Arab envoys briefed on arrest of ‘spy’
A passport (No. L9630722), purportedly belonging to Kulbhushan Jadhav.
Pak. summons envoy on ‘spy’ arrest, India rejects claims
Next Story