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

Posted May 16, 2017

Order reserved after India-Pak tussle at ICJ.

When asked about the US' stand on the case of Mr Jadhav, a former Indian Navy man who is facing the death penalty in Pakistan, the official said, "We encourage India and Pakistan to engage in direct dialogue aimed at reducing tension".

Jadhav was arrested in the southwestern province of Balochistan a year ago and Pakistani officials claim he has confessed to spying for Indian intelligence services. Both sides will get 90 minutes each to argue their case. "Jadhav has been in judicial custody without any communication with his family", Mr Salve said. "India was not informed of Jadhav's detention until after his arrest and learned only through the media about the death sentence", its application states.

The ICJ on Monday has listened to the arguments from India and Pakistan.

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. He described Jadhav's trial process as "farcical" and stressed that Pakistan did not respond to Jadhav's mother's plea to see her son.

India is seeking the suspension of the death sentence handed to Jadhav by a Field General Court Martial (FGCM) in April this year.

The lawyer claimed that India had on September 8, 1974 told the ICJ to exclude itself from its jurisdiction in disputes with Pakistan and from any interpretation and obligation of multi-lateral treaties. Nevertheless, New Delhi is seeing this as a setback for Islamabad.

But Pakistani representatives told the court Jadhav "has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan". "As far as the cover page of the passport is concerned, India sought consular access to the detained citizen to ascertain facts", sources said.

"India has been unable, or perhaps unwilling, to provide an explanation for this passport which is the most obvious indication of covert and illegal activity", added Faisal.

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India has denied however Jadhav was a spy, and last week lodged a protest at the ICJ accusing Pakistan of "egregious violations of the Vienna convention". We submit that India's silence is telling. "Indeed. India could and should have responded to a letter of request dated January 23, 2017, seeking India's assistance to investigate the criminal activity and links with people of India which commander Jadhav has revealed", he said.

"We have no reason to stop the canary from singing".

The US Supreme Court later ruled that under the US federal system, individual states are not obliged to comply with the worldwide treaty, a contradiction that has yet to be resolved.

The question is that why Pakistan is denying consular access to Jadhav.

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

Pakistan's legal team comprises Moazzam Ahmad Khan, Ambassador of Pakistan to the UAE in capacity of an Agent; Mohammad Faisal, DG (South Asia & SAARC) in capacity of an Agent; Syed Faraz Hussain Zaidi, Counsellor of the Pakistan Embassy in the Netherlands in capacity of an Adviserl; Q.C. Khawar Qureshi as the Counsel; Asad Rahim Khan as the Junior Counsel; and Joseph Dyke as the Legal Assistant. "There is an immediate threat to him to be executed even before a decision is passed", joint secretary in the Ministry of External Affairs Deepak Mittal told the court in his opening remarks.

Salve said, "The execution of the death sentence can not be done while this court is hearing the appeal".

"India claims Jadhav was kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy'", according to court documents.