Feb 20, 2019 08:55 PM IST | Source: Moneycontrol.com
Kulbhushan Jadhav ICJ hearing LIVE: Unlike Pakistan, India has never denied nationality of its citizens, says Harish Salve
Live updates of the proceedings in the International Court of Justice (ICJ) where the Kulbhushan Jadhav case is being heard
Top
While Jadhav's trial was completed in four months, 26/11 trial is still pending, says Harish Salve. "What happened to the 150 people killed in the Mumbai terror attacks?" Salve asks.
The time has come for this court to take this law forward and make Article 36 a potent weapon for protecting human rights: Harish Salve
I would say that there was a time when the world respect Pakistan, but today the world doesn't have the same respect in its present incarnation: Harish Salve, responding to lawyer Khawar Qureshi's stating in Pakistan's submission yesterday that while he has great respect for India, it does not have the same respect in India's present incarnation.
Harish Salve cites terrorist attacks, including Pulwama attack. "The attack received universal condemnation," Salve says. He also cited terrorist attack in Iran, which killed a number of Revolutionary Guards.
In Pakistan, judicial review of Pakistan courts has narrow ambit, they have not interfered with military court decisions many times: Harish Salve.
Domestic law is never a defense against a violation of international law or obligation, says Harish Salve while talking about the military courts in Pakistan trying civilians.
The bilateral agreement of 2008 between India and Pakistan cannot take away rights conferred by Article 36: Harish Salve
Pakistan is relying on reports by the Indian press. But these articles contradict the facts presented in Pakistan's FIR: Harish Salve
Article 36 of the Vienna Convention on Consular relations came into play after Jadhav's arrest. If Jadhav had been involved in subversive activities, irrespective of whether or not he had an Indian passport, he would have been tried for espionage. India has repeatedly asked for a copy of the judgement convicting Jadhav, and charges against. There would be no threat to security of Pakistan if they share these documents: Harish Salve
Pakistan's case against Jadhav on the question of passport is yet to be investigated by India: Harish Salve
Pakistan has nothing beyond the extracted confession: Harish Salve
Pakistan had relied on Avena case, which goes against them. According to the case, once there is a probability that a detainee is a foreign national, consular access must be granted: Harish Salve
If Pakistan believes Jadhav's confession, why doubt his nationality? Harish Salve
Pakistan had no doubt that when they arrested Jadhav, he was an Indian national... if Pakistan so closely believe Jadhav's confession, why do they doubt his nationality? asks Harish Salve
"Unlike Pakistan India has never needed to deny nationality of its nationals. For Indian nationals are not the kind whose nationality needs denial," says Harish Salve.
The first issue I would like to address is the abuse of process that Pakistan has alleged against India: Harish Salve.
I was surprised to hear about money deposited in Jadhav's account... our team has not found the amount mentioned in the transcript: Harish Salve
Three attempts by Pakistan to derail proceedings... have been rejected by the ICJ: Harish Salve
Pakistan in its oral submission indicate that any execution of Jadhav would... probably not take place before the end of August: Harish Salve
Pakistan did not have an answer to the criticism of... European Parliament and Human Rights Committee: Harish Salve
India hammered facts, while Pakistan hammered the table: Harish Salve
Humpty Dumpty has no place in this court, says Harish Salve.
"The language echoed in this court... perhaps this Court may lay down some red lines. The transcript is peppered with words such as shameless, nonesense, disgraceful... India takes exception to being addressed in this fashion in an international court. Indian culture prevents me from similar language of... insult," says Harish Salve, taking objection to the language used by Pakistan during its submission yesterday.
I start with some issues which should never detail this court.... but since they have arrived... I propose to deal with them briefly: Harish Salve
India's second, and final, round of arguments in the International Court of Justice to begin shortly.
Earlier in the day, the ICJ had refused to entertain Pakistan's request to adjourn the hearing in the case to appoint a new ad-hoc judge. Pakistan had asked the judge to adjourn the case, citing the illness of it ad-hoc judge. Tassaduq Hussain Jillani, the ad-hoc judge for Pakistan in the ICJ suffered a cardiac attack ahead of the hearing.
Pakistan had responded to India at the International Court of Justice in the case of Kulbhushan Jadhav, insisting that the Indian Navy officer was a "spy" and not a businessman.
The four-day hearing in the Jadhav case opened February 18 at the UN court headquarters in The Hague amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammad terror group that killed at least 40 CRPF soldiers.
"India, I am sorry to say, has demonstrated a lack of faith throughout these proceedings... good faith is part of international law," lawyer Khawar Qureshi had said.
"India doesn't know Pakistan, Pakistan is a state that has provided the largest contingent for peacekeeping, whose soldiers have lost lives in pursuing world security," he had said.