Pakistan asks ICJ to dismiss Indian claim in entirety

Says New Delhi did not respond to questions raised by Islamabad

Irfan Ghauri February 21, 2019
International Court of Justice holds hearing of the case. PHOTO: ICJ

THE HAGUE: Pakistan on Thursday requested the International Court of Justice (ICJ) to dismiss in its entirety the Indian claim with regard to the convicted Indian spy Kulbhushan Jadhav, who was sentenced to death by a military court in Pakistan last year.

“The Islamic Republic of Pakistan respectfully requests the Court, for the reasons set out in Pakistan’s written pleadings and in its oral submissions made in the course of these hearings, to declare India’s claim inadmissible,” said Queen’s Counsel Khawar Qureshi while representing Pakistan’s case.

Beginning his arguments, Qureshi said India did not respond to Pakistan’s arguments and tried to draw the court's attention to unrelated subjects. “India counsel misquoted my words. I don't need any additions. Facts speak for themselves,” he said.

Qureshi presented details of questions raised by India in the court.  “India did not reply to 2008 agreement. No reply was given with regard to Kulbhushan Jadhav’s kidnap story and the Indian lawyer presented a bar’s statement as Pakistani government's words,” he said.

He said India did not reply to questions regarding Jadhav's passport and is now saying that having two passports does not matter which is regrettable.

“It called the British passport verifier who verifies thousands of passports, unreliable. India is saying the Vienna Convention allows any spy to get the consular access which is wrong.”

He contested the Indian claim that the Peshawar High Court's (PHC) nullified the punishments handed down by the military courts.  I have told in previous arguments that government of Pakistan has challenged the PHC's verdict in Supreme Court, he said.

Qureshi said India needs to open its eyes and mind to the PHC verdict, adding that India interpreted the European Union's statement regarding military courts in its own words.

Earlier, India requested the court to adjudge and declare that Pakistan acted in ‘egregious breach’ of Article 36 of the Vienna Convention on Consular Relations, 1963 (Vienna Convention).

It claimed that the sentence by Pakistan’s Military Court was in brazen defiance of the Vienna Convention rights under Article 36, particularly Article 36 paragraph 1, and in defiance of elementary human rights of Jadhav.

It requested the court to annul the decision of the military court and restrain Pakistan from giving effect to the sentence or conviction in any manner. It also asked the ICJ to direct Pakistan to release Jadhav, forthwith, and to facilitate his safe passage to India.


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