The International Court of Justice (ICJ) will resume hearing the case of Indian spy Kulbhushan Jadhav at The Hague today.

The world court has set a timetable for public hearings from February 18 to 21 in The Hague. India will argue first in the hearing today while Pakistan will make its closing submissions on Thursday. It is expected that the ICJ decision will be delivered by summer this year.

Last week, Pakistan presented a fact sheet with evidence obtained from Jadhav after his arrest and during the criminal process. 

Jadhav was captured in Balochistan in March 2016 and later confessed to his association with Indian intelligence agency Research and Analysis Wing (RAW) and his involvement in espionage and fomenting terrorism in Pakistan.

On May 18, 2018, the ICJ through an interim order stayed Jadhav’s execution until a final decision in the proceedings.

The Foreign Office in its fact sheet stated, “India argues that Commander Kulbhushan Jadhav is an innocent businessman who was kidnapped from Iran, brought to Pakistan, and tortured to confess that he was a Commander in the Indian Navy working with India's Research & Analysis Wing (RAW). India argues that it was entitled to obtain consular access to Commander Jadhav as soon as his detention was made public by Pakistan on March 25, 2016. India argues that the trial and conviction of Commander Jadhav for espionage and terrorism offences by a Military Court on 10 April 2017 was "a farce". India contends that the denial of consular access requires the ICJ to "at least" order the acquittal, release and return to India of Commander Jadhav.” 

“Rejecting all of India's assertions”, it added, “Pakistan points to evience obtained from Commander Jadhav after his arrest, and during the criminal process leading to his conviction as amply demonstrating his activities in fomenting terrorism and engaging in espionage within Pakistan."

The fact sheet further added, "Pakistan maintains that it would be incompatible with international law for someone sent as a spy/terrorist by a State to be afforded access to officials of that State, as India asserts. Pakistan also points to an express Agreement on Consular Access dated May 21, 2008 between India and Pakistan, which allows each State to consider a request for consular access "on its merits" in a case involving national security. Furthermore, Pakistan points to the uncontradicted evidence that Commander Jadhav was provided with an authentic Indian passport in a 'cover' Muslim name by the Indian authorities, as a clear and obvious link between his conduct and the Government of India. Such conduct being a blatant violation of international law should bar any claim for relief from a court. India refuses to reply on this issue and (unconvincingly) describes it as 'mischievous propaganda'."

The fact sheet also gave “six key points which India needs to answer”.