ICJ denies Pak request to play Jadhav's 'confessional' video

Moazzam Ahmad Khan head of Pakistan's delegation and members wait for judges to enter the World Court in The Hague Netherlands. —AP

The US urged India and Pakistan to engage in direct dialogue to reduce tension as they faced-off at the International Court of Justice over the the death penalty given to Indian national Kulbhushan Jadhav.

Qureshi also said India did not respond to communication from Pakistan in January this year seeking cooperation in the probe relating to Jadhav.

India is seeking the suspension of the death sentence handed to Jadhav by a Field General Court Martial (FGCM) in April this year.

Pakistan's lawyer Khawar Qureshi claimed India has not proved that Jadhav is its national and that consular access can not be given.

The ICJ President added that the tribunal would publicly deliver its decision on whether to grant an emergency stay of execution "as soon as possible".

Salve was India's lead attorney at the ICJ hearing the case of Indian national Jadhav. We have fervently appealed before the ICJ that a provisional relief be granted in favour of India by allowing consular access to Jadhav.

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".




"The graver the charges, the greater the need for continued adherence of the Vienna Convention". "India was not informed of Jadhav's detention until after his arrest and learned only through the media about the death sentence", its application states.

Vienna Convention provisions on consular access were not intended for a "spy" involved in terror activities, Pakistan asserted. Dr Faisal said that, according to the Vienna Convention, the court had no jurisdiction to hear such a case. We will expose Pakistan after getting the counselor access.

The former Indian Naval officer was arrested in March a year ago and had been given death sentence by a Pakistani Military court on charges of espionage and subversive activities.

The court's president already has written to Pakistan, urging it to take no action that could affect the hearing of the Indian request to prevent the death sentence.

Dismissing India's contention that it invoked the jurisdiction of the court because of the "imminent" possibility of execution of Jadhav, Qureshi said the court was bound to settle disputes between countries peacefully and not waste time on issues sought to be raised for political objective.

The facts presented by India establish the violation of all principles of United Nations charter and Vienna Convention because of the nature of the trial which destroyed any credibility or sanctity of the army court's decision sentencing him to death, he said. "On this basis, Pakistan would be content for the Court to list the application of India for hearing within six weeks", he added. On India's assertion that Jadhav was abducted from Iran, Qureshi said that both countries have been involved in a border dispute for a long time and that there were "millions of people to choose from".

Pakistan claims to have arrested Jadhav from its restive Balochistan province.

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