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Pak to file counter-memorial on Jadhav's case in ICJ on Jul 17: Report

Press Trust of India  |  Islamabad 

will file its second written reply to on July 17 in the ICJ on the conviction of Indian national Jadhav who was sentenced to death by a Pakistani military court on charges of and terrorism, a media report said today.

The (ICJ) on January 23 gave a timeline to both and for filing another round of memorials in the case.

Pakistan's counter-memorial will be in response to pleadings filed by in the Hague-based ICJ on April 17.

Top Khawar Qureshi, who pleaded Pakistan's case at the initial stage, briefed regarding the case last week, the Express Tribune reported.

General for and other senior officials also attended the meeting.

According to the daily, the counter-memorial has been drafted by Qureshi.

After the submission of the second counter-memorial, the ICJ will fix the matter for hearing, which is likely to take place next year.

A senior lawyer, who has expertise in international litigations, told that there is no chance of hearing the case this year.

Even the hearing of other matters has already been fixed until March/April next year, therefore, Jadhav case will be listed in summer next year, he added.

India had moved the ICJ in May last year after Jadhav, 48, was sentenced to death by a Pakistani military court on charges of and terrorism.

A 10-member bench of the ICJ on May 18 had restrained Pakistan from executing Jadhav till adjudication of the case.

In its written pleadings, India had accused Pakistan of violating the Vienna Convention by not giving consular access to Jadhav arguing that the convention did not say that such access would not be available to an individual arrested on charges.

In response, Pakistan through its counter-memorial on December 13 told the ICJ that the Vienna Convention on Consular Relations 1963 applied only to legitimate visitors and did not cover clandestine operations.

Pakistan had said that "since India did not deny that Jadhav was travelling on a passport with an assumed Muslim name, they have no case to plead."

Pakistan said that India did not explain how "a serving naval commander" was travelling under an assumed name.

It also stated that "since Jadhav was on active duty, it is obvious that he was a sent on a special mission."

Giving false identity to Kulbhushan, sending him for espionage and funding of terrorists activities are all some of the reasons which disentitle India from invoking the jurisdiction of the ICJ, Pakistan had said.

India has been maintaining that the trial of Jadhav by a military court in Pakistan was "farcical".

Pakistan claims that its security forces arrested Jadhav from restive province on March 3, 2016 after he reportedly entered from

However, India maintains that Jadhav was kidnapped from where he had business interests after retiring from the Jadhav's sentencing had evoked a sharp reaction in India.

India had approached the ICJ for "egregious" violation of the provisions of the Vienna Convention on Consular Relations, 1963, by Pakistan in Jadhav's case.

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

First Published: Thu, July 12 2018. 12:55 IST