India has accused Pakistan of not following diplomatic norms and dragged Pakistan to the ICJ on May 8 for violating the Vienna Convention by refusing New Delhi's 16 requests of consular access to Jadhav and denying him the right to defend himself.
Arguing before the 11-judge bench at the ICJ,which included former Supreme Court Judge Dalveer Bhandari,India's counsel Harish Salve stressed that not granting consular access and not giving legal representation of Jadhav's choosing amounted to a "miscarriage of justice" and a "violation of his right" to defend himself from concocted charges in a "farcical trial".
India told the International Court of Justice (ICJ) that immediate steps must be taken to stop Pakistan's from carrying out the death sentence of former Indian naval officer Kulbhushan Jadhav.
Noted lawyer Harish Salve had told the court that India couldn't arrange for Jadhav's defence due to denial of consular access by Pakistan.
He said India made innumerable requests for consular access, but Pakistan refused to provide documents relating to the case and consular access to him.
Pakistan is deliberately executing Indians in the military courts where there is no scope for any arguments even in military courts and the charges are mostly fabricated and concocted which are outside the jurisdiction of civil courts.
Pakistan raised the confession statement of Jadhav as a base of its argument and accused India of using the ICJ for its political theatrics. India termed that the confession of Jadhav was forcibly taken by the military while in captivity and he was tried by a military court in Pakistan.
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 Islamabad through Iran using a fake passport.
Jadhav,a former Indian Navy officer ,was given the death sentence by a military court in Pakistan on April 10 for alleged "espionage and subversive activities".
To which Pakistan stated that the Vienna Convention provisions did not apply to a spy involved in terror activities. Also the International Court of Justice (ICJ) denied permission to Pakistan to play a six-minute"confessional" video of Jadhav which India terms as a statement taken forcible in captivity.
India demanded immediate suspension of Jhadav's death sentence but Pakistan presented the Kulbhushan Jadhav case as a matter of national security and ICJ's decision would not apply to "matters related to the national security of Pakistan.
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