Sunday, 09 December, 2018

ICJ decision today in Jadhav case

Laurie Berry | 20 May, 2017, 06:32

While the Internationa Court of Justice's stay order on execution of Kulbhshan Jadhav was hailed as a big diplomatic win for India, Pakistan maintained that it will have no impact on trial against former Indian Navy officer.

"Pakistan's security is so important and we have to maintain our fundamental sovereign right", Aziz was quoted as saying by the daily.

"This order though interim is a very serious indictment of the kind of mockery in the name of judicial system that exists in Pakistan", Jaitley said, commenting on the ICJ's decision asking Pakistan not to execute Jadhav pending its final decision. "The decision to stay Kulbhushan Jadhav's execution pending ICJ hearing is unanimous", Judge Ronny Abraham, President of the Court, said.

He said the ICJ has rightly held that India should have been granted consular access as per the Vienna Convention to which both the countries have been signatories.

The top United Nations court also said that Pakistan should have given consular access to India as per Vienna Convention.

New Delhi argued in a preliminary hearing at the ICJ on Monday that Islamabad violated the Vienna Convention on Consular Relations by denying Jadhav access to legal assistance.

"Pakistan should not execute Jadhav pending final proceedings".

"Case against Jadhav by Pakistan was a sham and was in gross violation of worldwide law as his execution was ordered by a kangaroo court without consular access".

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A Pakistani court had earlier sentenced him to death after being convicted of espionage.

Jadhav's case is the latest flashpoint in the tensions between Pakistan and India.

Replying to a volley of questions on India's possible response if Pakistan does not implement the ICJ order, Mr Baglay said the order is binding on Pakistan.

Pakistan claims its security forces arrested Jadhav from its restive Balochistan province on March 3 a year ago after he reportedly entered from Iran.

"We are very happy with the world court's verdict in Kulbhushan Jadhav's case".

Referring to Osama Bin Laden's compound in the Pakistan military academy, Mengal called upon the global community to take action against Pakistan which is promoting religious terrorism across the world and the terrorists who are operating under the patronage of Pakistan intelligence agencies.

"As far as Pakistan is concerned, the court's decision today has not changed the status of Commander Jadhav's case in any manner", the statement said.

With just a day to go for the expiry of a 40-day deadline to challenge the death sentence given to Kulbhushan Jadhav, Indian officials said on Friday they do not know if Pakistani military authorities are even considering an appeal submitted by the former Indian navy officer's mother.

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