This Article is From May 16, 2017

Fear Pakistan May Hang Kulbhushan Jadhav Before Decision, Says India: 10 Facts

The International Court of Justice (ICJ) is hearing India's appeal against Kulbhushan Jadhav's death sentence by Pakistan. Senior lawyer Harish Salve is representing India at the top UN court.

Kulbhushan Jadhav case: India had appealed before the ICJ to suspend his death sentence.

Highlights

  • Top UN court hearing India's plea against Mr Jadhav's death sentence
  • Situation is grave, Harish Salve tells International Court of Justice
  • Pak denied consular access to Mr Jadhav 16 times, said Mr Salve
The Hague, Netherlands: There is an "immediate threat" that Indian national Kulbhushan Jadhav will be executed by Pakistan even before a decision of the International Court of Justice, India on Monday said at an open hearing at The Hague in Netherlands. Mr Jadhav, a former navy officer, was sentenced to death by a Pakistani military court last month after being convicted of spying. India last week challenged the sentence before the UN's top court. Calling India's appeal "unnecessary and misconceived", Pakistan said there would be no immediate execution and there were six months.

Here are the top 10 updates in this big story:

  1. "The situation is grave, it is urgent, and hence we approached this court at such short notice," senior lawyer Harish Salve, representing India, told the UN court, urging that Mr Jadhav's death sentence be suspended immediately.

  2. Pakistan, said Mr Salve, had repeatedly denied consular access to India and no document of Jadhav's trial process was given by Islamabad.

  3. Describing Mr Jadhav's trial as "farcical" and without a shred of evidence, Mr Salve said he was given a lawyer when the trial was nearly over. "The basic rights of Jadhav were thrown to the winds," he said.

  4. Pakistan rebutted the allegations, accusing India of using the world court as a "political theatre".

  5. Pakistan said Mr Jadhav's passport bears a Muslim name and India had been unable to explain it.

  6. India argued that Pakistan violated the Vienna Convention by denying India consular access to Mr Jadhav 16 times and denying him the right to defend himself. Pakistan said "the Vienna Convention provisions did not apply to a spy involved in terror activities".

  7. Last week, after India challenged the death sentence, Pakistan was asked by the International Court to put it on hold. Pakistan on Monday alleged that calling it a "stay order" was India's "manoeuvre".

  8. India has not approached the international court on any case related to Pakistan since 1971, but the government has said it had no choice as the life of an Indian citizen is at stake.

  9. Mr Jadhav, 46, arrested in March last year by Pakistan, was held guilty by the country's military court of spying and subversive activities. India says that Mr Jadhav was kidnapped from Iran, where he was running a business after retiring from the Navy.

  10. India wants the international court to annul Mr Jadhav's death sentence and ensure that Pakistan does not act against the rights of India or of Mr Jadhav.



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