ALSO READIndus Water Treaty is in interest of New Delhi, Islamabad: Pak Minister India cautions Pak, says death sentence to Kulbhushan Jadhav 'an act of pre-meditated murder' Pakistan denied consular access for Jadhav 16 times: MEA India-Pak Coast Guard talks cancelled India's ICJ move to divert attention, says Pakistan; Sharif meets Army chief
Pakistan on Monday told the International Court of Justice (ICJ) that India is using the court as a stage for political theatre, adding that solid evidences were provided regarding alleged spy Kulbhushan Jadhav's 'activities'.
Pakistan's counsel Khawar Qureshi while presenting Islamabad's stance in the ICJ on death sentence handed to Jadhav said that the former naval officer entered into Islamabad through Iran using fake passport.
Qureshi claimed that Jadhav was given 150 days to clarify himself and argued that the ICJ must not give relief to the alleged Indian spy.
Pakistan argued in the ICJ that it will use all legal resources to safeguard its people and land.
"It is written in an agreement that every country will see the matter of arrested person in accordance with merit," Qureshi said.
The Pakistani side consists of six individuals, which included Moazzam Ahmad Khan, Ambassador of Pakistan to UAE as Agent, Mohammad Faisal, DG (South Asia & SAARC) as Agent, Syed Faraz Hussain Zaidi, Counsellor of the Pakistan Embassy in the Netherlands as Adviser, Q. C.
Khawar Qureshi as Counsel, Asad Rahim Khan as Junior Counsel and Joseph Dyke as Legal Assistant.
Earlier, joint secretaries at the Indian External Affairs Ministry, Dr Deepak Mittal, Dr VD Sharma, and Indian counsel Harish Salve completed their statements before the judges.
Mittal, who argued first, said that Pakistan had held Jadhav on concocted charges adding that his human rights was "thrown to the winds".
Sharma said India has been seeking consular access since it was informed of Jadhav's arrest adding that request for defense a lawyer was denied and visa to his parents was also not given despite repeated pleas.
"India and Pakistan are both parties to convention, hence are under court's jurisdiction. Consular access was denied repeatedly and Islamabad didn't provide any document to India despite requests," he said.
"There is an immediate threat that execution would be carried out before court can decide the case on its merit," he added.
"Jadhav was framed on confessional statements extracted from him when he was in Pakistan's military custody," Salve said.
Demanding provisional measures to stay Jadhav's execution, Harish Salve gave instances as to when the International Court of Justice ordered provisional relief to death row convicts pending trial in the ICJ.
He told the court that it is imperative to prevent irreparable damage to Jadhav's rights.
Refuting the allegations levelled on Jadhav by Pakistan, Salve argued that India's case is that throughout his incarceration, Jadhav was denied consular access.
Salve told the court that Jadhav's tape was doctored.
Asserting that India relies on the Vienna Convention, Salve argued that the Vienna Convention doesn't provide any exception as to providing consular access.
"Pakistan's conduct violates the Vienna Convention. The more serious the charge, the greater the need for procedural safeguards to protect the rights of the accused," Salve told the court.
Salve raised doubts over Pakistan military court's impartiality, saying that Jadhav's appeal was heard by a military court, presided over by a two-star general, whereas his death sentence was confirmed by a four-star general.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)