Kulbhushan Jadhav case: Pakistan to file second counter-memorial in ICJ on July 17

PTI |   Jul 12,2018 , 05:05 PM IST

It is in response to pleadings filed by India in the Hague based ICJ on April 17; Pakistan PM Nasirul Mulk was briefed about the case last week, ''The Express Tribune'' reported.

Kulbhushan Jadhav case: Pakistan to file second counter-memorial in ICJ on July 17
Kulbhushan Jadhav case: Pakistan to file second counter-memorial in ICJ on July 17

 Pakistan will file its second counter-memorial on July 17 in the International Court of Justice (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 July 12.

On January 23, the ICJ 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 about 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 Mr. 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 the daily that there was no chance of hearing the case this year.

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

India moved the ICJ in May last year after Jadhav, 48, was sentenced to death.

On May 18, a 10-member bench of the ICJ restrained Pakistan from executing Jadhav till the adjudication of the case.

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

He was on a special mission, says Pak.

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

Pakistan 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.” India did not explain how “a serving naval commander” was travelling under an assumed name.

“Since Jadhav was on active duty, it is obvious that he was a spy sent on a special mission.”Giving false identity to Jadhav, sending him for espionage and funding of terrorist activities were all some of the reasons that disentitled India from invoking the ICJ's jurisdiction, Pakistan said.

India terms trial by military court farcical

India had been maintaining that the trial of Jadhav by a military court in Pakistan was “farcical”.

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

However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. His sentencing 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 the case.



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