Salve charged Re 1 for fighting Jadhav's case at ICJ: Swaraj

Kristopher Drake
May 16, 2017

The council cited the Vienna Convention on Diplomatic Relations of 1961 to challenge ICJ's jurisdiction in the case.

The court's president Ronny Abraham said the tribunal would publicly deliver its decision on whether to grant an emergency stay of execution "as soon as possible".

Jaishankar added that from India's point of view, if the court says that it has the jurisdiction, it will be quite an embarrassment for Pakistan in terms of the proceedings forward with the death sentence of Jadhav.

The Indian case was put up strongly by noted lawyer Harish Salve who demanded that Pakistan should annul Jadhav's death sentence and see that he was not executed as his trial was held under "farcical" circumstances in violation of the Vienna Convention. "There is an immediate threat to him to be executed even before a decision is passed". "Else, it will be a violation of the Vienna Convention".

Jadhav was arrested in the southwestern province of Balochistan previous year and Pakistani officials claim he has confessed to spying for Indian intelligence services. India has said the so-called confession was obtained from Jadhav by Pakistan in military captivity and that it has no credibility.

Later, after the hearings, Salve told a TV channel that the ICJ denying permission to Pakistan to play the "confessional" video was a setback to it. On India's assertion that Jadhav was abducted from Iran, Qureshi said that both countries have been involved in a border dispute for a long time and that there were "millions of people to choose from".

Mohammad Faisal, from the foreign affairs ministry, said the tribunal had been shown a video of the confession which was available online "for viewers to decide for themselves whether commander Jadhav is confessing voluntarily". A period of 150 days is provided for in this regard which even if (it) started on April 10, 2017, which is the date of conviction at first instance, could extend to well beyond August 2017.

Qureshi said that Jadhav "is a terrorist" and "India invoked the jurisdiction of this court improperly".

While Pakistan alleged that Jadhav is a member of RAW, India said he was picked from the border of Afghanistan/Iran where he was doing his business after retiring from the Indian Navy.

"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", Mr Salve said. India was informed more than three weeks after Jadhav's arrest.

"The need for a wholesome compliance is greater when charges are serious. There are many aspects of the case we do not know about", he said.

Not just had all requests for consular access fallen on "deaf ears", the trial was conducted without providing Jadhav his rights. She was responding to a tweet from someone on how India could have gotten a better and less expensive lawyer. In Jadhav's case all the basic provisions of human rights were "thrown to the wind", he said.

He added: "Pakistan has concrete evidence of Jadhav's involvement in subversive activities and he was sentenced in accordance with law". "For one year, India made not one or two but 16 attempts to get the consular access", sources said. There are reports that Jadhav was picked up by Pakistani agencies from Iran.

On May 9, the highest court in the United Nations gave Jadhav a lease of life. India could simply have denied that the passport is genuine.

He said the court was not apprised that Jadhav was arrested in Balochistan and that he possessed double passports and birth certificates.

Other reports by Ligue1talk

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