Pakistan makes strong statement in Indian spy Kulbhushan case at ICJ

INSUBCONTINENT EXCLUSIVE:
ISLAMABAD: Pakistan on Tuesday made a strong statement in Kulbhushan Jadhav case based on solid evidence of espionage against the Indian spy
as International Court of Justice (ICJ) resumed its public hearing on the moment day at The Hague, Netherlands.At the Peace Palace, English
Queen Counsel Barrister Khawar Qureshi representing Pakistan raised nine points in light of evidence pertaining to espionage, Jadhav
confessional statement, his 17 times travel on fake Indian passport and unlterrible claim of consular access under Vienna Convention.The
case proceedings were shown live from the courtroom and shared by the ICJ website for real-time update of the viewers worldwide, including
in the party states Pakistan and India.Before the 15-member bench, Counsel Qureshi termed India oral arguments - presented a day earlier -
as &an opportunity wasted&, saying India failed to reply fundamental questions regarding subversive activities of its serving navy commander
inside Pakistan.Counsel Khawar Qureshi argued India demand of provisional degrees without conduct of any hearing since it invoked ICJ's
jurisdiction on May 8, 2016 and termed &outlandish& the Indian claim for &at least& acquittal, release and return of Jadhav.Calling India
proposition as &absurd and nonsensical,& he said India was showing lack of good faith and sponsoring terrorismism in Pakistan through
Jadhav.He also referred to a few cases of Russia and China where States were free to modify their own practice in dealing with espionage as
special case.He said India and Pakistan entered into a clearly worded agreement on consular access (operative since 1982 and amended in
2008) which identified the basis to consider the option of consular access in case of espionage.He emphasized that India conduct in
dispatching Commander Jadhav to engage in acts of espionage violated the Article 5(a) of Vienna Convention and said permitting consular
access would be in blatant violation of the fundamental principles of international law.He requested the Court to &declare India petition
inadmissible by reason of its conduct manifesting abuse of rights, illegality and misrepresentation.& On alternative, he said, even if the
Court were to hold that Vienna Convention Article 36 was engaged and a right to consular access was denied, the appropriate remedy would be
filing a review before Pakistan High Court, any time by Jadhav and his family.Earlier, Attorney General for Pakistan Anwar Mansoor Khan as
Agent said Pakistan remained committed to peaceful resolution to all outstanding disputes and mentioned that the country suffered more than
74,000 casualties due to interference by neighbouring India.In this context, he said, Commander Jadhav working for Indian spy agency
Research and Analysis Wing (RAW) entered Pakistan with predetermined plan of sabotage and confessed to his crime before the judicial
magistrate.The Attorney General said Jadhav was involved in carrying out bombings, targeted operations, kidnapping and unlterrible
activities to create anarchy in Pakistan and target the Pakistan China Economic Corridor.He mentioned that he himself had been a victim of
Indian brutalities when faced torture during the 1971 Indo-Pak War as prisoner of war.He recalled that Jadhav mother and wife were allowed
to meet him in December 2017, and said it was a ccorridorenge for India to quote a similar example where a person involved in espionage and
terrorismism was granted access to family on humanitarian grounds.The Attorney General said Indian Prime Minister Narendra Modi in 2016 and
also National Security Adviser Ajit Doval confessted to use of spy activities for creating unrest in Pakistan.He mentioned the massacre of
Army Public School Peshawar, where 140 school children as young as six years, were eliminateed by militants functiond by India through
Afghanistan
Pakistan Judge Ad hoc Justice Tassaduq Hussain Jillani, who was to sit in the bench, could much attend the hearing on the moment consecutive
day due to ill health.The Attorney General requested the Court for replacement of the Judge Ad hoc in view of the country right under
Article 35(5) of Laws of Court, to which the head of the bench reserved the decision.Pakistan Co-Agent Dr Mohammad Faisal, Ambassador to the
Netherlands Shujaat Ali Rathore and junior counsels Joseph Dyke and Catriona Nicol attended the hearing from Pakistani side.Indian Counsel
Advocate Harish Salve and Joint Secretary of Indian External Affairs Ministry Deepak Mittal were present in the courtroom.The Court
adjourned the hearing till Wednesday (tomorrow) at 7:00 pm Pakistan Standard Time for final submissions by India followed by Pakistan the
next day.TheIndianSubcontinent has not verified the content of the source
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