Ready to respond to ICJ's query on Kulbhushan Jadhav's sentence: Pakistan Army

Elias Hubbard
May 15, 2017

India also asked the ICJ to declare the decision illegal being violative of global law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and worldwide law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith, if Pakistan is unable to annul the decision.

However, Islamabad maintained that the Indian move was an attempt to divert attention from "state-sponsored terrorism in Pakistan" and it was analyzing the ICJ's authority in the matter.

Earlier in the day, Ministry of External Affairs (MEA) said India was forced to approach the ICJ after 16 consular requests to the Pakistan government was denied by the country.

The stay order is a double blow to Pakistan because it implicitly accepts that the lack of consular access denied the best possible legal aid to Jadhav during his trial by Pakistan's military court for alleged espionage. He did not, however, explain the "process".

His comments came shortly after their army chief Qamar Javed Bajwa met Sharif to discuss the court order. Swaraj said senior advocate Harish Salve was representing India in ICJ in Jadhav case. Jadhav was sentenced to death for "espionage and subversive activities". Therefore, the petition filed on his behalf by his family may also not be honoured by the Pakistan authorities. "Pakistan could cite precedence when India said the ICJ has no jurisdiction in a case in 1999 involving Pakistan", said Narendra Singh, the secretary general of the Indian Society of International Law.

"We are told to be there on Monday".

Gopal Baglay, spokesperson for the Ministry of External Affairs, said the issue of jurisdiction is for the ICJ to decide, and can not be decided by anyone else.

New Delhi had warned that if Jadhav was hanged, it would be considered "premeditated murder" by Islamabad. In an order, issued late Tuesday night, ICJ said it had ordered Pakistan to not carry out Jadhav's execution in haste.

"There is a stand alone obligation for consular access, which is not just the right of the State but also the right of the accused - and that is basically meant that right from the time you are arrested in the foreign country you have the benefit of consular access", Salve told Times Now. "We have suggested that their Foreign Minister or Foreign Affairs Advisor Sartaz Aziz give a recommendation letter and it will be cleared immediately, without any delay", he said, adding that a recommendation would ascertain that the requests received from Pakistan were "genuine".

India has also handed over to Pakistan an appeal by Jadhavs mother, initiating a process to get his conviction overturned.

Pakistan claims its security forces had arrested Jadhav from the restive Balochistan province on 3 March 2016 after he reportedly entered from Iran.

Other reports by Click Lancashire

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