Us supreme court justice, Court

The International Court of Justice (ICJ) said there is "no reference in the Vienna Convention to cases of espionage. Article 36 does not exclude from its scope persons suspected of espionage."In its pleadings, Pakistan based this objection on three main arguments. First, it refers to India's refusal to "provide evidence" of Jadhav's Indian nationality by means of his "actual passport in his real name", even though it has a duty to do so. Secondly, Pakistan mentions India's failure to engage with its request for assistance in relation to the criminal investigations into Jadhav's activities.Thirdly, Pakistan alleges that India authorized Jadhav to cross the Indian border with a "false cover name authentic passport" in order to conduct espionage and terrorist activities. In relation to these arguments, Pakistan invokes various counter-terrorism obligations set out in Security Council resolution 1373 (2001).India referred to what it viewed as contradictions between Pakistan's arguments before the Court regarding the question of Jadhav's nationality, on the one hand, and his own behaviour after his arrest, on the other. It relied on the allusion made in Pakistan's diplomatic exchanges to Jadhav's membership of India's "Research and Analysis Wing" and, more specifically, to his Indian nationality.India also cited the absence of a mutual legal assistance treaty, due to which it concluded that it had no obligation to co-operate with Pakistan's criminal investigations, and explained that, in any event, the right of consular assistance under Article 36 of the Vienna Convention is not dependent on a party's compliance with any obligation of this kind.India also considered Pakistan's allegations concerning Jadhav's unlawful activities to be unfounded, the court observed.The Court noted that by raising the argument that India has not provided the Court with Jadhav's "actual passport in his real name", Pakistan appears to suggest that India has failed to prove Jadhav's nationality."In this respect, the Court observes that the evidence before it shows that both Parties have considered Jadhav to be an Indian national. Indeed, Pakistan has so described Jadhav on various occasions, including in its "Letter of Assistance for Criminal Investigation against Indian National Kulbhushan Sudhair Jadhev". Consequently, the Court is satisfied that the evidence before it leaves no room for doubt that Mr. Jadhav is of Indian nationality," it observed.On the issue of Pakistan claiming the Vienna Convention is not applicable in the case of spies, the Court said: "Neither Article 36 nor any other provision of the Vienna Convention contains a reference to cases of espionage. Nor does Article 36 exclude from its scope, when read in its context and in light of the object and purpose of the Convention, certain categories of persons, such as those suspected of espionage."( With inputs from IANS )

Us Supreme Court JusticeFOLLOW

Us supreme court justice, Latest News

Delhi High Court Chief Justice D N Patel has constituted a committee to create a 'Graded Action Plan' to meet all challenges and other ancillary issues which may be faced by courts after the withdrawal of lockdown. ...

The Supreme Court on Wednesday expressed concern over several incidents of violence against the doctors and medical staff treating COVID-19 patients, saying that such incidents are bound to instil a sense of insecurity among them. ...

American rapper Tekashi 6ix9ine just caught a huge break. The rapper will be free after a New York judge granted him a compassionate release in light of the coronavirus outbreak. His discharge will be effective immediately. ...

Jail Minister Sukhjinder Singh Randhawa on Saturday reviewed the awareness creation programme among prisoners and prison staff for the prevention from COVID-19. ...

The Supreme Court on Monday directed National Buildings Construction Corporation (NBCC) Ltd. to commence and complete the work of eight projects involving 11, 258 home units in Noida and Greater Noida, and start handing over possession to the buyers. ...

The high court has observed that the Delhi Police is mechanically using Urdu and Persian words in the FIRs being lodged here without any application of mind. ...

The ED case against former Union Finance Minister P. Chidambaram in INX Media focuses on abuse of power. ...

The ICJ threw out Pakistan's objection to India's demand for consular access to Kulbhushan Jadhav on the claim that he was a spy and the Vienna Convention could not be applied in the case. ...