External Affairs Ministry Spokesperson Anurag Srivastava said Jadhav was "visibly under stress" and indicated that clearly to the Indian consular officers
Current Affairs: India on Thursday said Pakistan did not give “unimpeded, unhindered and unconditional” consular access to Indian death row convict Kulbhushan Jadhav in violation of an order by an international tribunal and its officials left the meeting venue after lodging a protest. External Affairs Ministry Spokesperson Anurag Srivastava said Jadhav was “visibly under stress” and indicated that clearly to the Indian consular officers, adding the arrangements did not permit a free conversation between them.
He said the consular officers could not engage Kulbhushan Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation. Earlier, Pakistan announced that it provided consular access to Jadhav ahead of a deadline to file a review petition in a Pakistani court against his conviction by a military court on charges of espionage and terrorism.
“The consular officers were not given unimpeded, unhindered and unconditional access to Jadhav. On the contrary, Pakistani officials with an intimidating demeanour were present in close proximity of Jadhav and consular officers despite the protests of the Indian side,” Srivastava said.He said it was also evident from a camera that was visible that the conversation with Jadhav was being recorded.
The fact undeniably remains that we only have a judgment, not Jadhav. Govt must be congratulated for acting decisively, but diplomacy remains India’s best way to secure Jadhav’s release
The Kulbhushan Jadhav case isn’t the first run through an India-Pakistan contest has discovered its way to the International Court of Justice (ICJ). The two have taken their issues to ICJ on in any event three past events. Be that as it may, this was the first occasion when that a conference was occurring under such open examination.
Wednesday’s ICJ judgment came after a conciliatory and legitimate procedure that kept going more than three years. The decision attested consular access to Jadhav, and made ready for an audit of his conviction by a Pakistan military court. While the judgment is without a doubt a noteworthy triumph for India, it is just the beginning of a more drawn out procedure in Pakistan courts, the result of which stays unsure.
Kulbhushan Sudhir Jadhav is an Indian Citizen in Pakistani guardianship since March 3, 2016. The conditions of his fear are questioned by the nations. As indicated by India, Jadhav was abducted from Iran, where he was working after his retirement from the Indian Navy, and was therefore moved to Pakistan and confined for cross examination. Pakistan has battled that Kulbhushan Jadhav was captured in Balochistan after wrongfully entering the Pakistani region. It has additionally battled that Jadhav was in control of an Indian international ID bearing the name Hussein Mubarak Patel right now of his capture. He was blamed for performing demonstrations of reconnaissance and psychological warfare for the benefit of India and condemned to death by a military court on 10 April 2017.
India moved toward the ICJ
Following capital punishment, India issued a sharp demarche to the Pakistani High Commissioner. On 8 May 2017, a month after the declaration of capital punishment, India established procedures at the ICJ. It affirmed “horrifying infringement” of Article 36 the Vienna Convention on Consular Relations. Article 36 entomb alia gives that ‘consular officials will reserve the option to visit a national of their state in jail, care or detainment, and to mastermind his legitimate portrayal….
India has accused Pakistan of violating the Vienna Convention by not giving consular access to Jadhav
Pakistan will file its second counter-memorial on July 17 in the ICJ on the conviction of Indian national Kulbhushan Jadhav who was sentenced to death by a Pakistani military court in April last year on charges of espionage and terrorism, a media report said on Thursday.
The International Court of Justice (ICJ) on January 23 gave a timeline to both Pakistan and India for filing another round of memorials in the case.
Pakistan’s memorial will be in response to pleadings filed by India in the Hague-based ICJ on April 17.
Top attorney Khawar Qureshi, who pleaded Pakistan’s case at the initial stage, briefed Prime Minister Nasirul Mulk regarding the case last week, the Express Tribune reported.
Attorney General for Pakistan Khalid Javed Khan 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.(CLICK HERE : BS)
A senior lawyer, who has expertise in international litigations, told the Pakistani daily 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 espionage and terrorism.
A 10-member Bench of the ICJ on May 18 had restrained Pakistan from executing Jadhav until 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 espionage 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.
ICJ stayed the execution of former Indian Navy officer Kulbhushan Jadhav on Thursday
“It is a victory of crores of Indians,” said Dalbir Kaur on the International Court of Justice (ICJ) on Thursday staying the execution of former Indian Navy officerKulbhushan Jadhavordered by a Pakistan military court.
Kaur is the sister of Sarabjit, who was convicted in a case of alleged spying and carrying out four bomb attacks that killed 14 people in the Pakistani cities of Lahore and Faisalabad in 1990.
Who was Sarabjit?
The unfortunate tale of Sarabjit has often been told and retold. His tragic death became all the more famous after a biographical film directed by Omung Kumar was made last year. Actress Aishwarya Rai essayed the role of Singh’s sister, Dalbir Kaur, while, Randeep Hooda and Richa Chada played the roles of Sarbjit Singh and his wife, Sukhpreet, respectively.
Sarabjit Singh was a resident of Bhikhiwind, located along the Indo-Pakistani border in Tarn Taran district of Punjab. In 1990, he was arrested for illegally crossing over to Pakistan. Since then, he spent over 19 years in solitary confinement. On April 26, he was brutally beaten up in a Lahore jail and he succumbed to his injuries in May 2013.
Narendra Modi Vs Manmohan Singh
On Sarabjit’s death, Prime Minister Narendra Modi, who was then the Chief Minister of Gujarat had said, “Truth about Sarabjit Singh’s death in Pakistan must come out”.
“Centre is unable to give a strong answer to Pakistan’s inhuman acts”.
Modi, then BJP’s PM candidate, added, “The Indian government had the time to take the Sarabjit issue on the international level. But they left it on the family to fight.”
Voicing his opinion, Dalbir too lashed out at the UPA regime and called for Manmohan Singh’s resignation.
In case of Kulbhushan Jadhav, while the likes of Sitaram Yechury criticised the NDA government for running to ICJ for help, others are mostly pleased. (READMORE…)
UN's principal judicial organ will hold a public hearing at the Great Hall of Justice at Hague
The International Court of Justice (ICJ) was last a battleground for India and Pakistannearly 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft.
On Monday, the ICJ, which is the UN's principal judicial organ, is holding a public hearing at the Great Hall of Justice housed in the Peace Palace at The Hague in Netherlands where the two countries will be asked to present their case over the contentious Jadhav issue.
India on May 8 moved a petition before the UN Body to seek justice for Kulbhushan Jadhav, 46, alleging violation of the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access to the former naval officer was consistently denied.
A Pakistani military court awarded death sentence to Jadhav last month for alleged espionage and subversive activities. Pakistan has also not responded to the request for visas applied by Jadhav's family. Jadhav was arrested on March 3 last year.
The previous case related to shooting down of Pakistan's maritime reconnaissance aircraft Atlantique by the Indian Air Force(IAF) in the Kutch region on August 10, 1999, killing all 16 naval personnel on board. Pakistan claimed the plane was brought down in its air space and sought 60 million USD in damages from India for the incident.
A 16-judge bench of the court on June 21, 2000 voted 14-2 to dismiss Pakistan's claim. The decision was announced by bench president Gilbert Guillaume of France at a public sitting. The verdict was final and there was no appeal.
The ICJ found that it has no jurisdiction to entertain the application filed by Pakistan on September 21, 1999.
Public hearings in the case titled 'Aerial incident of August 10, 1999 (Pakistan vs India)' lasted four days ending April 6, 2000. Arguments centred on the court's jurisdiction in the case which had to be determined before its merits could be considered by the 16 judges.
