Kulbhushan Jadhav case: Pakistan to change lawyers after ICJ stays execution

Ivan Schwartz
May 20, 2017

The decision of the 11-judge bench was unanimous, ICJ President Ronny Abraham said while reading out the verdict.

Jadhav was arrested in the restive southwestern Pakistani province of Balochistan in March 2016 and Pakistani officials claim he has confessed to spying for Indian intelligence services.

Jadhav was convicted last month by a Pakistani military court and sentenced to death.

The minister said the "Indian spy" was convicted after fulfilling all necessary legal procedures and any decision on the matter will be taken keeping in view national security. The Communist Party of India (CPI) also hit out at Pakistan for showing "adamant attitude" after it refused to accept the world body's decision. The ruling of UN's top court has been viewed as a big win for India, which has accused Pakistan of violating an global treaty that guarantees rights of foreign convicts.

Jaitley lauded External Affairs Minister Sushma Swaraj for the strategy adopted at the ICJ and made a special mention for Harish Salve who argued the matter.

Reacting to the order of the International Court of Justice (ICJ) in the Kulbhushan Jadhav case on Thursday, Pakistan said it will not accept the United Nations court's jurisdiction in matters related to national security.

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On the other hand, the Congress, which had earlier questioned the government's decision to take the Kulbhushan Jadhav issue to the ICJ said that New Delhi had been left with no option but to approach the ICJ.

The 11-judge bench of ICJ on Thursday ruled that Pakistan can not execute Jadhav until the "final decision". On May 9, the global court stayed the death sentence as a provisional measure.

In 1998, a Paraguayan man was executed for murder in Virginia despite the worldwide court's order urging the United States to halt his execution in a similar case involving the right to consular access. It said Pakistan's alleged failure to provide consular access to Jadhav appeared to be falling within the scope of the Vienna Convention. He said Pakistan's reply to ICJ was in line with Article 36 (2) of the Vienna Convention that Pakistan does not recognise the jurisdiction of the ICJ in this case.

The court further observed that the existence of a 2008 bilateral agreement between Indian and Pakistan on consular relations did not change its conclusion. The ICJ also asked Pakistan to take all measures to ensure that Jadhav was not executed till the court delivers its final verdict in the case.

"Without prejudging the result, the ICJ considers that the risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk". Therefore the court was "satisfied" of the "urgency" of the case.

Other reports by GizPress

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