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ICJ judgment may prove fruitful for India: Defence Expert

ANI  |  Jammu/Chandigarh [India] 

Expressing confidence in after on Monday presented its arguments before the International of Justice (ICJ) over the death sentence awarded to former naval officer Kulbhushan Jadhav by the Pakistani military court, defence expert Captain Anil Gaur said that today's argument has been very fruitful for

"has demolished Pakistan's argument totally and has put four points in which it has said that at firstly the jurisdiction of ICJ is very much there because both and are the signatories of the Vienna Convention. Secondly, this matter is not a bilateral matter. Third is that no consular access, no proper intimation, no access of Jadhav to his council and others have been given. Fourthly whatever excites the security, that is not over and above the Vienna Convention," Gaur told ANI.

He added that has not been able to give any justification in its claim towards giving death sentence to Jadhav except for the doctored video confession which was displayed on the television and that's all they had to show there.

"We should be successful in stopping the execution, letting Jadhav off the hook and allowing consular access to him by our Indian authorities, so that he can be given a fair trial. Whatever is saying that Jadhav was a spy for the Indian agency, had been proved wrong by our arguments," he asserted.

Meanwhile, former Attorney General Soli Sorabjee said that can counter Pakistan's argument of lack of jurisdiction by pointing out that actually the trial by the military was like a kangaroo

"There is a question of lack of jurisdiction. Merit is a different thing, on merits may lose but Indian may not lose by rising of the question that the ICJ has no jurisdiction to go into the matter. I think has a weak case," he added.

He further said that the jurisdiction must be ousted by necessary implications which is not the case here.

"has a strong case and we should succeed," Sorabjee added.

while presenting its case at the ICJ on Jadhav matter claimed that "has used this as the scene of political theatre."

"has used this as the scene of political theatre. We will not respond in kind," Mohammad Faisal, DG south Asia and SAARC, said.

"has been unable to provide an explanation for Jadhav's passport which bears a Muslim name," Faisal added.

He also claimed that India's application on Kulbhushan Jadhav is unnecessary and misconceived.

There has been deafening silence and no response from on Pakistan's accusations on Jadhav, Pakistan's lawyer Khawar Qureshi said.

Qureshi also said that Jadhav has 150 days to appeal his sentence.

Meanwhile, the ICJ declined to play the alleged confessional video of Jadhav when Pakistan's offered it as evidence during the afternoon session of the

Expressing the fear that Jadhav might be executed before the hearing was over, accused of violating the Vienna convention and conducting a "farcical trial" without a "shred of evidence".

had denied its 16 requests for consular access, India's lead attorney Harish Salve said.

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

While presented its argument over 90 minutes, Pakistan, which claims that Jadhav is an agent of India's external intelligence agency Research and Analysis Wing (RAW), took less than an hour.

wants the ICJ to annul Jadhav's death sentence and for to ensure that no action is taken that may prejudice the rights of or of Jadhav.

Jadhav, the latest flashpoint in the tensions between and India, was sentenced last month.

On May 8, moved the ICJ against the death penalty, alleging violation of the Vienna Convention on Consular Relations.

On May 9, the highest in the UN gave Jadhav a lease of life.

India, in its appeal to the ICJ, had asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy.

However, it denies that he has any connection with the government.

claims to have arrested Jadhav from its restive Balochistan province.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, May 15 2017. 22:40 IST
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