THE HAGUE: Pakistan is at the moment presenting its arguments earlier than the Worldwide Court docket of Justice (ICJ) within the case pertaining to Indian spy Kulbhushan Jadhav.
ICJ is listening to Pakistan’s arguments right now (Tuesday) after India offered its facet on Monday.
Because the UN court docket, formally often called the ICJ, resumed the listening to right now Pakistan submitted a request for the appointment of a brand new choose as advert hoc choose Tasadduq Hussain Jilani fell ailing a day earlier. ICJ allowed Pakistan to current its arguments with out the advert hoc choose.
Presenting arguments of the Pakistan facet, English Queen’s Counsel Khawar Qureshi identified, “On Monday, India didn’t reply to a number of key questions.”
Stating that “a choice relating to Jadhav’s nationality has not but been made”, Qureshi stated, “India didn’t state whether or not he’s Kulbushan Jadhav or Hussain Mubarak Patel.”
“How can India demand consular entry when it didn’t verify Jadhav’s nationality?” he questioned. “India ought to inform why the consular entry settlement doesn’t apply to Jadhav.”
“On one facet, India has moved the world court docket and on the opposite facet it has refused to reply Pakistan’s questions,” Qureshi stated. “India is sitting on a weak wall of lies similar to Humpty Dumpty,” he added.
Qureshi continued, “I’ve represented India previously and this perspective of India is totally new for me.”
“India levelled a baseless allegation towards Pakistan of violating worldwide legal guidelines,” the counsel maintained. “India’s declare of Jadhav retiring on the age of 47 is past comprehension.”
He additional stated, “As per the Vienna Conference, there’s a discussion board to maneuver the excessive court docket within the case.”
India’s spy company Analysis and Evaluation Wing (RAW) started to destabilise Balochistan when [Narendra] Modi got here into energy, he continued. “What investigation did India perform after Jadhav was arrested from Iran?” he additional requested.
Questioning why “Jadhav was in possession of a passport within the identify of a Muslim”, Qureshi requested, “What proof is there of the allegation that Jadhav was kidnapped from Iran and delivered to Pakistan?”
“What proof does India have of the nine-hour journey between Iran and Pakistan?” he additional requested.
The counsel continued, “A passport within the identify of Hussain Mubarak Patel was issued in 2003 and renewed in 2014. The deal with talked about on the passport is that of the property owned by Jadhav’s mom.”
He clarified, “Iran has nothing to do with the Jadhav case. Jadhav was arrested from Balochistan and never Iran and the story relating to his kidnapping from Iran is baseless.”
Qureshi additionally gave an digital presentation on this planet court docket and offered excerpts from Indian journalists’ Karan Thapar and Parween Swami’s experiences revealed in April 2017 and January 2018.
Referring to India’s Nationwide Safety Adviser Ajit Doval’s interview, Qureshi stated, “Doval confessed to Indian-sponsored terrorism in Balochistan throughout his interview.”
“Based on Doval, Jadhav performed a key function in terrorism in Balochistan,” he added.
India on Monday requested the ICJ to order the discharge of Jadhav. Nonetheless, in line with diplomatic sources, India has not supplied proof relating to Jadhav’s retirement.
“India didn’t give a passable response to a query on the passport issued in Hussain Mubarak Patel’s identify,” the sources added. “Jadhav had used the passport within the identify of Hussain Mubarak Patel to go to India 17 occasions,” they added.
Pakistan’s delegation led by Legal professional Common Anwar Mansoor will make its closing submissions on Thursday. It’s anticipated that the ICJ determination can be delivered by summer time this 12 months.
The hearings revolve across the case of Kulbhushan Jadhav, an on-duty Indian navy officer working for the Indian covert company Analysis & Evaluation Wing (RAW). Jadhav was captured from Balochistan in March 2016. He later confessed to his affiliation with RAW, and involvement in espionage and fomenting terrorism in Pakistan.
The Indian spy was tried in a Pakistani army court docket, which sentenced him to demise in April 2017 for espionage and subversive actions.
Hearings within the case, which is able to run for 4 days, come at a time of intense pressure between the nuclear-armed neighbours, as India has blamed Pakistan for a suicide assault on a convoy in occupied Kashmir final week that killed 44 Indian paramilitary troopers. Pakistan has strongly rejected the allegations.
Final week, Pakistan presented a fact sheet with proof obtained from Jadhav after his arrest and in the course of the prison course of.
On Could 18, 2018, the ICJ by way of an interim order stayed Jadhav’s execution till a last determination within the proceedings.