Kulbhushan Jadhav's plea in ICJ today: Here is how India is defending the case

India has not approached ICJ on the facts of the case but mostly that the right to consular access has been denied to Kulbhushan Jadhav

The International Court of Justice will on Monday hear the case of Kulbhushan Jadhav where India is trying to save the former Indian Navy officer from a death sentence pronounced by a Pakistani military court. As India prepares to face Pakistan at the international platform, reports suggest that the former’s defence is only based on the fact that they have been denied the right to consular access to Kulbhushan Jadhav.

The case will be argued by senior advocate Harish Salve. As per a report in News18, India has approached the ICJ to stay the death sentence as well as seek consular access to Kulbhushan Jadhav.

In a 12-page document which has been applied to as an “urgent request”, India has argued that the court has quoted Article 36 of the Vienna Convention 1963 on Consular Relations due to which India is advocating that the ICJ has jurisdiction to deal with the case.

The News18 report states that India has not approached ICJ on the facts but mostly that the right to consular access has been denied to Jadhav. The plea states that Jadhav’s arrest and his trial is a violation of the rights to consular access under the Vienna convention.

It is not once or twice but on 14 occasions, India was denied consular access to Jadhav. These were on March 30, 2016, May 6, 2016, June 10, 2016, July 11, 2016, July 26, 2016, August 22, 2016, November 3, 2016, December 19, 2016, February 3, 2017, March 3, 2017, March 31, 2017, April 10, 2017, April 14, 2017 and April 19, 2017.

India has also raised doubts on the video that was released as a confessional statement of Jadhav which Pakistan is holding as an to award him a death sentence. India has pleaded to the ICJ to a stay on his execution till the time the international court comes to a decision in the case.

Jadhav has only 40 days to appeal against Pakistan court’s order on his execution. The period ends on May 19.