Wednesday, 20 February 2019

Kulbhushan Jadhav case live | Even under Pakistan laws, possessing a fake passport doesn't warrant a death penalty: India

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Here are the live updates:
8:20 p.m.
In Tuesday's arguments, Pakistan quoted two articles published in Indian magazines to prove their point. Harish Salve, India's counsel, quotes the same articles and says Jadhav was not arrested in Iran-Pakistan border town Sarawan as claimed by Pakistan.
8:10 p.m.
During the second round of public hearing in the Kulbhushan Jadhav case, India strongly objects to the abusive language of Pakistan’s counsel. Harish Salve, on behalf of India, reiterates that Pakistan never allowed consular access to Jadhav.
Countering Pakistan's claims that they were unsure of Jadhav's nationality as the reason for denying consular access, Mr. Salve says India has never said Jadhav wasn't an Indian national.
If Pakistan believes Jadhav's confession, why are they doubting his nationality? he asks.
Mr. Salve accepts that Jadhav did carry a fake passport, which is a crime in India too. But does that warrant a dealth penalty? he asks. Even under the laws of Pakistan, possessing a fake passport doesn't warrant a death penalty, he argues.
Just because he carries such a passport, it doesn't mean he was there to carry out terror activities, Mr. Salve says.
8.00 p.m.

Oral arguments set to continue

Both India and Pakistan will get an hour-and-a-half to present their final arguments. "Second round must not be a repetition of the first," said Judge Abdulqawi Ahmed Yusuf on Tuesday, at the conclusion of the hearing on Day 2.

7.50 p.m.

Jadhav's arrest and sentencing

Jadhav, a former naval officer, was arrested in 2016 and sentenced to death by Pakistan in April 2017 over allegations of espionage and abetting terror, after three-and-a-half months of trial.
In May that year, India filed an application to launch proceedings against Pakistan for “egregious violations” of the 1963 Vienna Convention on Consular Relations, accusing Pakistan of failing to comply with its obligations under Article 36 of that convention. It argued that Pakistan had failed to inform Jadhav of his rights and had denied him consular access, despite repeated requests for this to happen.
India also applied for provisional measures to stay the execution of Jadhav, arguing that without such a measure it feared that he could be executed before the full case could be heard

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