Pakistan to form new team of lawyers in Jadhav case: Aziz

Pauline Gross
May 19, 2017

Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision.

A top United Nations court has ordered Pakistan not to execute a former Indian navy officer convicted on charges of spying until it has had time to hear a case brought by India.

The 15-member bench backed Indias contention that there had been a violation of the Vienna Convention on Consular Relations as New Delhis requests for consular access to its national had been denied 16 times.

The ICJ asserted its jurisdiction over the case of Jadhav.

It also said that the 150-day period for clemency given by Pakistan, which ends in August, suggests that the execution can happen immediately thereafter.

"For any student of law, it is obvious that secret proceedings conducted in darkness are conspiratorial in nature and denial of consular access only emphasises that denial". He said it was a big decision by the government to approach the ICJ as India had a lot at stake.

Pakistans Foreign Office spokesman Nafees Zakaria also hit out at India today, saying it was "trying to hide its real face" by taking the case to the ICJ. "I could not understand why the ICJ issued a stay order in the Jadhav case without even understanding the case". India can then go to the Security Council, which may then decide upon measures to be taken to give effect to the judgment.

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"With great sense of relief as also happiness in India that the ICJ has ruled in India's favour and stayed the execution of Jadhav who is held in Pakistan's custody", he added. "We are grateful to Mr. Harish Salve for presenting India's case so effectively before ICJ", she posted.

"I complement my team of officers in the MEA for their tireless efforts and hard work", she wrote on Twitter.

The Attorney General for Pakistan (AGP) had recommended some other counsel, The Express Tribune reported. The ICJ has rejected Pakistan's objections regarding the urgency of the matter.

The ICJ judges are clear that these provisional measures are binding and create worldwide legal obligations for the country to which they are addressed. In April this year, a Pakistani military court found him guilty of spying and sentenced him to death.

Jadhav was arrested in the southwestern Pakistani province of Balochistan in March 2016. India was able to demonstrate Pakistan's disregard for worldwide conventions and its propensity to undermine the rule of law. The two countries last faced off at the ICJ 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft.

India moved the ICJ against the death penalty on May 8.

Other reports by GizPress

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