Justice finally served to Jadhav: BJP on ICJ's verdict

29 May, 2017, 11:55 | Author: Essie Rivera

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.

On Friday, opposition leader Khursheed Shah said that the government should have sent the attorney-general to contest Pakistan's case in the International Court of Justice (ICJ). The highest judicial body of the United Nations also instructed Pakistan to inform it of "all measures taken in implementation of present order".

He said Pakistan's security is very important to them and they have to maintain it as their fundamental sovereign right. The UN court ordered Pakistan not to execute Jadhav. The decision will be read by the President of the ICJ, Ronny Abraham, who was one of the 11 ICJ judges who heard the arguments put forward by the Indian and Pakistani delegations. India had said that hanging him would be a "premeditated murder".

The ICJ also directed that consular should be given access to Kulbhushan Jadhav under Vienna Convention.

He pointed out that there exists a bilateral pact on consular access between Pakistan and India since 2008 and added that article 6 of the pact exclusively relates to consular access being determined on the merit of the case.

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Terming the ICJ decision [temporarily staying Kulbhushan Jadhav's execution] a "setback", Shah said the government's negligence is evident.

Zakaria said Pakistan's reply to the court was submitted in line with Article 36 of the Vienna Convention. On May 9, the global court stayed the death sentence as a provisional measure. He was convicted in April by a Pakistani military court and sentenced to death.

"The real face of India will be exposed before the world", he said, adding that Jadhav has confessed his crimes of sabotage, terrorism and subversion activities not only once but twice.

In the subsequent proceedings, they say, this upper hand would continue to go along the Indian side to help it build a convincing case even without much material in hand.

The ruling triggered criticism of the Pakistan Foreign Office (FO) for its "poor handling" and also for its choice of UK-based Khawar Qureshi, who represented Pakistan's case before the ICJ.

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