Salve charged Re 1 for fighting Jadhav's case at ICJ: Swaraj

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"We believe India and Pakistan stand to benefit from practical cooperation", a State Department spokesperson told PTI. India sought relief from the ICJ "by way of immediate suspension of the sentence of death awarded" to Jadhav.

While Pakistan alleged that Jadhav is a member of RAW, India said he was picked from the border of Afghanistan/Iran where he was doing his business after retiring from the Indian Navy.

ICJ president Ronny Abraham said the tribunal would publicly deliver its decision on whether to grant an emergency stay of execution "as soon as possible".

It also wants the ICJ to declare that the Pakistani military court had violated the Vienna Convention by imposing a death sentence on Jadhav and broke human rights laws. Meanwhile, Pakistan had claimed Jadhav was carrying a passport in a different name, and that India had refused to explain it. However, it denies that he has any connection with the government.

Dr Muhammad Faisal told the court that under Vienna Convention the ICJ could not take up this case. "India was not informed of Jadhav's detention until after his arrest and learned only through the media about the death sentence", its application states.

Qureshi also stressed on the fact that assistance in investigation was a "fundamental requirement" for consular access. A report published by United Nations Committee against Torture last week said Islamabad should stop resorting to military courts for terrorism-related prosecutions.

Yesterday, hearings began in the case of Jadhav, who was arrested in Balochistan in March of past year and charged with conducting espionage and sabotage activities against Pakistan. He described Jadhav's trial process as "farcical" and stressed that Pakistan did not respond to Jadhav's mother's plea to see her son.

Representing India, lead attorney Harish Salve said, "The execution of the death sentence can not be done while this court is hearing the appeal".

Mr Mittal insisted Pakistan had failed to respond to Indian demands for information about the case, snubbing requests for documents including the charge sheet, and had failed to provide Jadhav with consular access. We have a long border with India where millions of people reside.

Pakistan challenged the jurisdiction of the ICJ to hear the Indian application regarding the conviction of spy Kulbhushan Jadhav by Pakistan. India has accused Pakistan of "egregious violations of the Vienna Convention on Consular Relations" (hereinafter the "Vienna Convention") in the matter of the detention and trial of Jadhav.

Pakistan's DG for South Asia and Saarc, Mohammed Faisal, said, "India was provided with a copy of the passport that was in the possession of Commander Jadhav when he was apprehended".

Pakistan claims to have arrested Jadhav from its restive Balochistan province.