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India unlikely to get what it wants from ICJ in spy Jadhav case: law experts. Click on the link to see full news on BAADBAN TV

The Indian government is unlikely to get relief from the International Court of Justice (ICJ) on it’s three main demands – at least acquittal, release and return of the captured spy Commander Kulbhashan Jadhav, international law experts familiar with the case told. If the decision came against than Pakistan’s leader called off for strangulation in International Court of Justice.

On Wednesday 17th July 2019 at 3pm Hague time, the ICJ will, at a public rehearing, read out and hand down its judgement in the case which has captured the attention of millions of people. The case of Jadhav has been a major point of contention between the South Asian nations after Pakistani security forces captured Commander Jadhav while he was carrying out his secret mission inside Pakistan of sabotage and terror.

A careful look at the case skeleton of Pakistan and India shows that India has demanded that the ICJ ‘at least’ order the acquittal, release and return to India of Commander Jadhav.

In its written and oral arguments presented by English Barrister Khawar Qureshi QC, Pakistan contented that the ICJ should grant no relief to India and in the alternative, also pointed the availability of effective review by the Pakistani high courts or the military courts of Pakistan as provided by Article 199 of the Constitution of Pakistan, coupled with access to a lawyer in accordance with article 10 of the constitution.

A legal expert, who has represented cases at the ICJ said on condition of anonymity that Barrister Qureshi QC had correctly told the ICJ that at no stage since this convention on 10th April 2017 has Commander Jadhav or any member of his family or any other party sought to invoke the review jurisdiction of the Pakistani High Court, nor have they ever made any request for consular access for this purpose.

The Jadhav case was brought by India against Pakistan under the Vienna Convention on Consular Relations 1963 (article 36 (1) (b)). India alleged that Pakistan has committed a breach of the VCCR 1963 by failing to grant immediate consular access in respect of commander Jadhav on 25th march 2016 and alleging that the military court procedure for espionage on 10th April 2017 was flagrantly unfair.

On 18th May 2017, the ICJ ordered provisional measure to preserve the status quo without any finding on the merits.

Following the filing of written pleadings and evidence on the merits of the case by both India and Pakistan, a hearing was held before the ICJ from 18th-21st February 2019. Pakistan’s legal submission was presented by English Barrister Khawar Qureshi QC while India’s legal submissions were presented by Indian counsel Harish Slave SA.

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