Kulbhushan Jadhav case hearing - Pakistan presents submissions at ICJ: As it happened

India on Monday demanded the immediate suspension of Kulbhushan Jadhav's death sentence at the International Court of Justice.

By Zee Media Bureau | Last Updated: Monday, May 15, 2017 - 23:00

The Hague: Vienna Convention provisions on consular access were not intended for a "spy" involved in terror activities, Pakistan on Monday told the International Court of Justice while accusing India of using the world body as a stage for "political theatre" in the Kulbhushan Jadhav case.

India's application on Jadhav, who was arrested in March last year and sentenced to death by a Pakistani military court on charges of espionage and subversive activities, was "unnecessary and misconceived" and must be dismissed, Pakistan further the UN's highest judicial body.

On its part, India, expressing fear that Jadhav, 46, might be executed before the hearing was over, India accused Pakistan of violating the Vienna convention and conducting a "farcical trial" without a "shred of evidence".

The urgent hearing comes after the ICJ last week stayed Jadhav's execution.

India wants the ICJ to annul Jadhav's death sentence and for Pakistan to ensure that no action is taken that may prejudice the rights of India or of Jadhav.

15 May 2017, 19:23 PM

Court says it will render its order as soon as possible. The ICJ adds that the date will be duly informed.

Both parties are requested to be at court's disposal, says ICJ.

The sitting closes.

15 May 2017, 19:23 PM

Pakistan says that Jadhav was given a fair trial in the country. It denies India's assertions that Jadhav was not given consular access.

Nothing can be further from the truth, says Pakistan.

Qureshi signs off by saying that he was "honoured to be at this hearing which was not necessary".

 

15 May 2017, 19:21 PM

Vienna Convention provisions do not apply to a 'spy' involved in terror activities, says Pakistan.

15 May 2017, 19:21 PM

India has not been able to clear that Jadhav is not a terrorist. India's allegation that Jadhav was kidnapped from Iran is far fetched. Pakistan won't respond to the charge of breach of Vienna Convention, says Pakistan's representative Qureshi.

15 May 2017, 19:15 PM

Pakistan's intention is to exclude any issue that involves its national interest, says Qureshi.

15 May 2017, 19:12 PM

India hasn't proved that Jadhav is an Indian national, says Pakistan. 

15 May 2017, 19:11 PM

Relief sought by India is manifestly unavailable and jurisdiction is limited, stresses Pakistan. 

15 May 2017, 19:10 PM

Pakistan cites 1999 Aerial incident to claim ICJ cannot intervene. It also cites 1974 precedent, says Commonwealth nations usually excluded from ICJ jurisdiction.

15 May 2017, 19:06 PM

This is what India said at ICJ earlier today -  

"The execution of the death sentence cannot be done while this court is hearing the appeal. Else, it will be a violation of the Vienna Convention," lead attorney Harish Salve said.

Salve added, "The graver the charges, the greater the need for continued adherence of the Vienna Convention. Jadhav has been in judicial custody without any communication with his family."

The rights of Article 36 of the Vienna Convention on Consular Relations are sacrosanct, Salve further said, citing the International Covenant on Civil and Political Rights (ICCPR) that recognises that no one can be arbitrarily deprived of their lives.

"The need for a wholesome compliance is greater when charges are serious. We want appropriate legal representation for Kulbhushan Jadhav, he said.

The urgent hearing comes after the ICJ last week stayed Jadhav's execution.

15 May 2017, 19:02 PM

Pakistan calls India's 'kangaroo court' charge as 'bizarre'.

15 May 2017, 19:00 PM

Pakistan says that India's demands are 'beyond aspirational'.

15 May 2017, 18:58 PM

Indian media reported the ICJ's letter as a 'stay' which it is not, says Pakistan

15 May 2017, 18:58 PM

Jadhav has 150 days to appeal his sentence, says Pakistan. 

 

15 May 2017, 18:56 PM

Application glossed over the element of clemency, says Pakistan.

15 May 2017, 18:55 PM

This court is not for grandstanding, says Pakistan.

15 May 2017, 18:54 PM

Indian authorities were provided with a copy of FIR against Jadhav, says Pakistan.

15 May 2017, 18:54 PM

Jadhav's confessional video is on tape. It's for the court to watch, says Qureshi.

Court had earlier refused to watch the 6 minute video.

15 May 2017, 18:52 PM

India relying on 'technicalities', says Pakistan.

India is disavowing 10-year bilateral agreement, adds Qureshi.

15 May 2017, 18:51 PM

Pakistan maintains that as per the bilateral agreement of 2008, consular access will be given to Jadhav on the basis of merit.

15 May 2017, 18:49 PM

India is unwilling to explain Jadhav's passport which bears a Muslim name, says Pakistan.

Qureshi invites the court to dismiss the application. 

15 May 2017, 18:46 PM

Clemency process was proper, says Qureshi.

15 May 2017, 18:46 PM

There are flaws in the applicant's approach, says Pakistan.

15 May 2017, 18:44 PM

Pakistan's counsel QC Khawar Qureshi presents case.

15 May 2017, 18:44 PM

Responding to India's charges, Pakistan says 'won't be cowed down by terrorism'.

Pakistan says it cherishes its freedom attained 70 years ago and wants to exist peacefully with its neighbours.

15 May 2017, 18:42 PM

India has been unwilling to provide details of Jadhav's passport. India’s silence over Jadhav’s passport is telling India is on hyper-drive mode, says Mohammad Faisal, DG, South Asia and SAARC.

15 May 2017, 18:38 PM

India's application on Jadhav is unnecessary and misconceived, Pakistan tells International Court of Justice.

15 May 2017, 18:38 PM

India has used this court as the scene of political theatre. We will not respond in kind, says Pakistan.

 

15 May 2017, 18:38 PM

Pakistan delegation led by AG Ashtar Ausaf presents case.

15 May 2017, 18:34 PM

Pakistan begins presentation of the case in Kulbhushan Jadhav's death sentence case in International Court of Justice (ICJ) at the Hague.