Jadhav case: India submits written pleadings to the ICJ

RSTV Bureau

India submitted its written pleadings to the International Court of Justice (ICJ), which is hearing the case of Kulbhushan Jadhav, a retired Indian navy officer sentenced to death by a Pakistan military court allegedly for espionage and subversive activities.

File photo of former Indian naval officer Kulbhushan Jadhav who has been sentenced to death by a Pakistani military court on charges of 'espionage'.

File photo of former Indian naval officer Kulbhushan Jadhav who has been sentenced to death by a Pakistani military court on charges of ‘espionage’.

The ICJ has suspended the death sentence of Jadhav pending a final judgment by it after India moved the court in May, requesting immediate suspension of the sentence.

“India has, today, submitted its Memorial (written pleadings) to the ICJ in the Jadhav case involving egregious violation of Vienna Convention on Consular Relations 1963 by Pakistan. This is in furtherance of our application filed before the Court on May 8, 2017,” External Affairs Ministry Spokesperson Raveesh Kumar said.

Pakistan claims to have arrested Jadhav from restive Balochistan in March last. However, India maintains that he was kidnapped from Iran where he had legal business interests after retiring from the navy.

Delegations of India, left, and Pakistan, right, wait for judges to enter the World Court in The Hague, Netherlands, Monday, May 15, 2017. India is taking Pakistan to the United Nations' highest court in an attempt to save the life of an Indian naval officer sentenced to death last month by a Pakistani military court after being convicted of espionage.

Delegations of India, left, and Pakistan, right, wait for judges to enter the World Court in The Hague, Netherlands, Monday, May 15, 2017. India is taking Pakistan to the United Nations’ highest court in an attempt to save the life of an Indian naval officer sentenced to death last month by a Pakistani military court after being convicted of espionage.

On May 8, India moved the ICJ for instituting proceedings against Pakistan for violations of the Vienna Convention “in the matter of the detention and trial of an Indian National, Kulbhushan Sudhir Jadhav”, sentenced to death in Pakistan and requested immediate suspension of the sentence of death awarded to the accused.

After discussing with both India and Pakistan, President of the ICJ Ronny Abraham asked India to make its submission by September 13. He also asked Islamabad to make its counter- submission by December 13 before the UN court starts hearing the matter.

“… At a meeting held by the President of the Court with the Agents of the Parties on 8 June 2017…the Agent of India requested that each Party be granted a period of four months for the preparation of its pleading; and whereas the Agent of Pakistan indicated that periods of two months would be sufficient,” the ICJ said.

“Taking into account the views of the parties, the Court fixes the following time-limits for the filing of the written pleadings -13 September 2017 for the Memorial of India; 13 December 2017 for the Counter-Memorial of Pakistan; and Reserves the subsequent procedure for further decision,” it added.