Harish Salve charged Re.1 for appearing in Jadav's case

Jerome Frank
May 16, 2017

Harish Salve, who fought India's case at the International Court of Justice against the death penalty given to Kulbhushan Jadhav by Pakistan, has charged Re one as fee, external affairs minister Sushma Swaraj said on Monday.

India has seen it fit to use the International Court of Justice as a stage for "political theatre" but "we will not respond in kind", Mohammad Faisal of the Pakistan Foreign Office said in his opening remarks in response to India's submissions earlier in the day.

Jadhav, the latest flashpoint in the tensions between Pakistan and India, was sentenced to death last month.

India has appealed to the ICJ to suspend Jadhav's death sentence, saying that he has no connection with the government.

It also wants the ICJ to declare that the Pakistani military court had violated the Vienna Convention by imposing a death sentence on Jadhav and broke human rights laws.

India has further claimed that Jadhav was kidnapped from Iran where he was involved in a business undertaking.

But India has denied he was a spy, and last week lodged a protest at the ICJ in The Hague accusing Pakistan of "egregious violations of the Vienna convention". Describing the situation as "grave and urgent", India said it had not been given the copy of the charges filed against Jadhav.

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Vienna Convention provisions on consular access were not intended for a "spy" involved in terror activities, Pakistan asserted. "According to the Vienna Convention consular access should be given as both the countries are signatory of the convention", he said.

Yesterday, hearings began in the case of Jadhav, who was arrested in Balochistan in March of previous year and charged with conducting espionage and sabotage activities against Pakistan.

But, the MEA's joint secretary Deepak Mittal told the court in opening remarks, "Jadhav has not got the right to get proper legal assistance and the right to consular access". Islamabad has also not responded to a visa application by JadavĀ“s parents seeking to travel to Pakistan to visit their son, he said.

The hearing focused on India's request for so-called "provisional measures" that can be granted at short notice to ensure a dispute between states does not deteriorate during full ICJ proceedings, which typically take several years.

United Nations committee against Torture raised concerns over military court systems in Pakistan. We submit that India's silence is telling.

Salve also raised questions over the impartiality of the process and said that Jadhav's mercy plea would be heard by "two-star generals" even though Pakistan claimed that he had the right to appeal.

Pakistan's counsel also claimed that his side had submitted to the court names of 13 officials that Jadhav named in his confession video while India did not even submit the whole dossier to the ICJ.

Other reports by Guamnewswatch

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