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Pakistan says ICJ can't hear Kulbhushan Yadav's conviction case


Senior advocate Harish Salve, leading the Indian legal team, focused his arguments on Pakistan's denial of consular access to Jadhav as he presented India's position before the judicial body.

"India believes that the farcical nature of proceedings and unjust trial by a Pakistani military court in egregious violation of the rights of consular access. has led to (a) serious miscarriage of justice", Deepak Mittal, joint secretary of India's Ministry of External Affairs, told judges at the International Court of Justice. Against Jadhav's death penalty, India moved at the ICJ, alleging a violation of the Vienna Convention on Consular Relations.

Jadhav was sentenced to death by the Field General Court Martial (FGCM) last month for his alleged involvement in espionage and sabotage activities against Pakistan.

Not just had all requests for consular access fallen on "deaf ears", the trial was conducted without providing Jadhav his rights.

Pakistan on the other hand would contend that Jadhav was sentenced on the ground that he was undertaking subversive activities.

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In Germany vs the US, Salve said, the court held that execution of a German national was "an irreparable damage to justice".

"We have sent our recommendations to the Prime Minister's Office and the Foreign Office", Dawn newspaper quoted Attorney General Ashtar Ausaf as saying.

He said the Indian Spy was sentenced to death after fulfilling all necessary legal procedures and Indian Spy was also given council to defend allegation against him.

He said that India is entitled to rights under article 36 which are sacrosanct, and, Pakistan has not abided by these rules. "Pakistan has not provided the chargesheet, any documents on the case despite repeated requests", Mittal told the court.

He said Commander Jhadav was arrested by Pakistani Forces during an operation in its Province Balochistan and he confessed the killing of dozen of innocent Pakistanis.

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Asked about the US's stand on the case of Jadhav, the official said, "We encourage India and Pakistan to engage in direct dialogue aimed at reducing tension".

India demands suspension of Jadav's death sentence. Salve said the urgency of the case had forced New Delhi to approach the internatinal court at such short notice.

In an emergency hearing, lawyers for New Delhi urged the International Court of Justice to halt the execution of Kulbhushan Sudhir Jadhav. On May 9, the highest court in the United Nations stayed Jadhav's sentence.

However, it denies that he has any connection with the government.

"India submits that it has information that Mr. Jadhav was "kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy", it added.

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