In a preliminary hearing at the United Nations court New Delhi argued that by denying Kulbhushan Sudir Jadhav access to legal assistance and other services from his home country, Pakistan violated the Vienna Convention on Consular Relations.
The International Court of Justice (ICJ) will rule on Thursday on an Indian appeal for a stay on the execution of Kulbhushan Jadhav by Pakistan, PTI said quoting government sources.
A former officer in the Indian Navy, Jadhav was arrested in Baluchistan, a Pakistani province, in March 2016.
Dr. Deepak Mittal, joint secretary of India's Ministry of External Affairs, right, and his delegation wait for judges to enter the World Court in The Hague, Netherlands, Monday, May 15, 2017. The Vienna Convention was adopted for better communication between friendly countries.
For the time being, the International Court need only be satisfied that it has a prima facie basis for jurisdiction to direct Pakistan not to execute Jadhav for the duration of the proceeding.
But Faisal, the Pakistani representative, argued that consular access is not an absolute right under the Vienna treaty. "It is not known whether Jadhav will seek clemency in the present circumstances".
Harish Salve representing India said in his arguments said that Pakistan had violated the Vienna pact. Pakistan has (and will continue to) strongly contested the jurisdiction of the Court to decide this case.
Though India is relieved by the ICJ's interim order asking Pakistan to maintain status quo till India's plea is decided by the ICJ, New Delhi is hopeful of a quick verdict to stop Pakistan from hanging an innocent businessman.
Overall, the relief India is seeking from this court is not available and the "provisional measures" sought by India can not be initiated, Qureshi said. Islamabad has rejected 16 Indian requests for consular access to Jadhav, who is held in an unknown prison in Pakistan. Pakistan has said Jadhav's conviction and sentence remain open to appeal. We want appropriate legal representation for Kulbhushan Jadhav. just had all requests for consular access fallen on deaf ears, the trial was conducted without providing Jadhav his rights. He further said the Indian spy was sentenced to death after fulfilling all necessary legal procedures and that he was also given legal counsel to defend the allegations against him.
Pakistan contested that the petition filed by India seeking halt to implementation of death sentence awarded to spy Kulbhushan Jadhav was inadmissible.