Pak can’t hang Jadhav till final verdict: ICJ

Source: The Hitavada      Date: 19 May 2017 08:57:03


The 11-judge bench in a unanimous decision, has ruled that:

The court has jurisdiction to go into the matter

India should get consular access to Jadhav

Court decision is binding on Pakistan

It should inform the court about the steps taken to implement the order

THE International Court of Justice (ICJ) on Thursday stayed the execution of Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistan military court on charges of espionage and subversive activities.
In a major boost to India, which has moved the UN’s highest judicial body against the death sentence, the ICJ instructed Pakistan to take all “necessary measures at its disposal” to ensure that Jadhav was not executed pending a final decision by it.

The decision of the 11-judge bench was unanimous, ICJ President Ronny Abraham said while reading out the verdict.
The ICJ said that India should have been granted consular access to its national as per the Vienna Convention to which both countries have been signatories since 1977.

The ICJ asserted its jurisdiction over the case of the 46-year-old former Indian Navy officer while noting that the circumstances of his arrest remain disputed.
The ruling came three days after India and Pakistan gave their submissions in the case.

Pakistan claims its security forces arrested Jadhav from its restive Balochistan province on March 3 last year after he reportedly entered from Iran. However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Indian Navy.

Pak refuses to accept ICJ’s...
The Hague-based ICJ heard the two sides on Monday where Pakistan had challenged the jurisdiction of the court but in its decision the court prime facie exercised the jurisdiction and accepted Indian pleas.

Pakistan was in shock as it was confident that the ICJ will throw out the case on the grounds of jurisdiction.
Talking to the state-run Pakistan Television after the ruling was delivered, Zakaria said India has been “trying to hide its real face” by taking the case of Jadhav to ICJ.

“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. He said Pakistan has already informed the ICJ that it does not accept its jurisdiction in matters related to the national security. “We do not accept the jurisdiction of the ICJ in matters related to the national security of the country,” he was quoted as saying by the Dunya TV.
However, he said Pakistan “will present solid evidence against the Indian spy in the International Court.