India, during the first day of the hearing, based its case on two broad issues - breach of Vienna Convention on consular access and the process of resolution.
Top lawyer Harish Salve who was representing India and Jadhav at the ICJ, accused Pakistan of misusing the International Court of Justice for propaganda and said the trial Jadhav by military court "hopelessly failed" to satisfy even the minimum standards of due process. He emphasized on the denial of consular access to Jadhav for three months.
Jadhav, who is a retired Indian Navy officer, was sentenced to death by the military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India. India moved the ICJ in May the same year for the "egregious violation" of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to the 48-year-old Indian national.
“India invites court to restrain Pakistan from acting on conviction on ground that it was secured by means which was in violation of Article 36 of Vienna Convention and in the present case, relief of review and re-consideration would be highly inadequate, considering the facts and circumstances”, argued the top lawyer.
He stated that Pakistan repeatedly denied consular access to Jadhav. “On March 30, 2016, India reminded Pakistan of its request of consular access (for Jadhav) and received no reply. 13 reminders were sent by India on various dates,” said Salve.
Also check: Highlights of Day 1 of Kulbhushan Yadav's ICJ hearing
Salve said that India responded to the request for assistance in investigation by Pakistan on June 19, 2017, and pointed that not only Jadhav had been denied consular access but no credible evidence have been provided by Pakistan to show his involvement in any act of terrorism, and his (Jadhav's) purported confession clearly appears to be coaxed.
Closing his arguments, Salve said "Military courts of Pakistan cannot command the confidence of this court and should not be sanctify by a direction to them to review and re-consider the case. India seeks annulment of Jadhav's conviction, and directions that he be released forthwith.
Tomorrow, the English Queen's Counsel Khawar Qureshi will make submissions from Islamabad's side.
Then India will reply on February 20 while Islamabad will make its closing submissions on February 21.
The four-day trial opened Monday at the ICJ headquarters amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammad terror group that killed at least 41 CRPF soldiers.