Harish Salve charged Re. 1 to fight Jadhav's case at ICJ: Swaraj

Harish Salve charged Re. 1 to fight Jadhav's case at ICJ: Swaraj

Pakistan has challenged the jurisdiction of International Court of Justice (ICJ) in the case of Indian application regarding conviction of its spy Kulbhushan Yadav.

A State Department spokesperson said, "We believe India and Pakistan stand to benefit from practical cooperation".

India has appealed to the ICJ to suspend Jadhav's death sentence, saying that he has no connection with the government.

India's consular access to Jadhav was denied 16 times by Pakistan, claiming he was an agent of India's external intelligence agency Research and Analysis Wing (RAW).

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

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New Delhi argued before the court earlier in the day that India had not even been given consular access to Jadhav by Pakistan despite repeated requests in violation of the Vienna Convention and that the Pakistani military court's verdict sentencing him to death had "no credibility".

Dr Faisal said that spies do not have any right of counselor access and India did not produce evidence provided by Pakistan against Yadav in the global court.

India has further claimed that Jadhav was kidnapped from Iran where he was involved in a business undertaking.

"It is clear from the Vienna Convention that the provision being sought under Article 36 by India can not be entertained by this court", Qureshi said in his 45-minute reply to arguments put forth by Indian counsel Harish Salve earlier.

Jadhav was arrested in Balochistan in March 2016 and in April this year, a military court sentenced him to death. Islamabad also advocated an "expedited hearing which would dispel any suggestion for the need for provisional measures", adding that "Pakistan would be content for the court to list the application of India for hearing within six weeks".

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Dismissing India's contention that it invoked the jurisdiction of the court because of the "imminent" possibility of execution of Jadhav, Qureshi said the court was bound to settle disputes between countries peacefully and not waste time on issues sought to be raised for political goal.

"Jadhav has not got the right to get proper legal assistance and the right to consular access".

India's representative at the ICJ hearing, Deepak Mittal, described the charges against Jadhav as "concocted" and his trial as "farcical". "India invoked the jurisdiction of this court improperly", he said. We submit that India's silence is telling.

The facts presented by India establish the violation of all principles of United Nations charter and Vienna Convention because of the nature of the trial which destroyed any credibility or sanctity of the army court's decision sentencing him to death, he said.

Pakistan's counsel also claimed that his side had submitted to the court names of 13 officials that Jadhav named in his confession video while India did not even submit the whole dossier to the ICJ.

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