April 23, 2018

Pakistan moves ICJ to rehear Kulbhushan Jadhav case

19 May 2017, 07:55 | Winifred Adams

In Kulbhushan Jadhav case, reading the court's unanimous decision, presiding ICJ judge Ronny Abraham said, "It is appropriate for the court to order that Pakistan take all measures at its disposal to ensure mister Jadhav is not executed before this court has given its final decision".

One of the major aspects to anticipate would be what new facts Pakistan could present to the court.

Senior lawyer Alamzaib Khan Advocate said that ICJ decision was a temporary stay order and final judgment was yet to be delivered. This means Jadhav can challenge till the end of Saturday his death sentence in an appellate court.

Pakistan claims its security forces arrested the Indian national from its restive Balochistan province on March 3 a year ago after he reportedly entered from Iran. The World Court ordered Islamabad to give consular access to Jadhav. Pakistan's Foreign Office spokesman Nafees Zakaria dismissed the ICJ's provisional measures stating Article 36 (2) of the Vienna Convention, "Pakistan does not accept the ICJ's jurisdiction in matters related to national security".

"Pakistan would be perfectly within their rights to appoint an ad hoc judge", a leading Indian legal expert, who did not want to be named, told Hindustan Times.

Bhandari mentioned the role of the 2008 India-Pakistan Agreement on Consular Access.

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Leaders from the opposition criticised the government as ICJ ruled in the favour of India.

Aziz, however, maintained that Qureshi had "courageously" presented Pakistan's case in the court, the Nation reported.

Swaraj is understood to have played a key role in nudging the Narendra Modi government to knock at the doors of the ICJ after Pakistan refused to pay heed to India's requests for consular access to Jadhav or permit his parents to visit Pakistan.

"Pakistan's security is so important and we have to maintain our fundamental sovereign right", Aziz was quoted as saying, reported PTI. In this connection, they drew attention to External Affairs Minister Sushma Swaraj's statement on Thursday that India would leave no stone unturned to save Jadhav, who has been framed by the military establishment in Pakistan on concocted charges.

India may have got a breather from the ICJ, but his well-being still remains a matter of concern as Pakistan has provided no information about his location or health condition.

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