Kulbhushan Jadhav’s hearing underway at International Court of Justice
Author: Desk May 15, 2017
In a decisive move India took legal recourse to the International Court of Justice (ICJ) by instituting proceedings against Pakistan to save Kulbhushan Jadhav.
The court is hearing India’s case against Pakistan. The International Court of Justice last Tuesday stayed the execution order against Jadhav, passed by a Pakistani military court.
ICJ at the Hague, began hearing on India’s appeal. India’s claims against Pakistan mainly rely on Article 36 of the Vienna Convention which allows consular access to foreign nationals. Islamabad has repeatedly turned down New Delhi’s request for consular access to Jadhav who is jailed in Pakistan & given death sentence by a military court last month.
Senior advocate Harish Salve would be representing India before ICJ in the Kulbhushan Jadhav case. Both India & Pakistan will be given 90 minutes to give there views. Orders of the Court have a binding force for the Parties concerned.15-judge ICJ will be hearing India and Pakistan’s views.
Kulbhushan was kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy.India has denied all these charges and told ICJ that the military court’s action against Jadhav was violative of the Vienna Convention and Human Rights. India has made 16 requests for consular access to Jadhav but there was no response from Pakistan on the demand.
This is the second time India has approached the ICJ. Earlier in 1971, India had moved the Hague-based world court when it questioned the International Civil Aviation Organisation’s powers to decide Pakistan’s complaint about New Delhi denying its airlines from flying over India.