Amid anger at home, Pakistan moves ICJ over Jadhav

Jadhav’s case should not be politicised NA Speaker
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Jadhav’s case should not be politicised NA Speaker 0

Pakistan alleged the former Indian Navy officer was involved in spying and terror activities in Balochistan. Pakistan may request for the hearing in case the court does not announce the date, he concluded. He said a decision to provide consular access to Jadhav is yet to be made.

India is confident that Pakistan will not defy the verdict of the International Court of Justice (ICJ) in the Kulbhushan Jadhav case, notwithstanding reports from Islamabad suggesting that the military establishment was pressuring the civilian leadership to ignore the ruling on the ground that the top UN Court had no jurisdiction over matters concerning national security. He said that several countries had executed convicts against the orders of ICJ.

"Pakistan's security is so important and we have to maintain our fundamental sovereign right", he said.

Mehmood asked why the government gave the task to a lawyer who had never argued a case independently before the ICJ and what compelled the government to send a first year associate from Attorney General's office instead of AG himself to the ICJ.

In an exclusive chat with APP, senior global law and constitutional expert Mian Muhibullah Khan Kakakhel said that this was a temporary decision of ICJ and the final decision was yet to be announced.

"Therefore, the 2008 Agreement does not exclude the Court's jurisdiction in the present case", he said.

Two opposition leaders also linked the weak defence put up by Pakistan at the ICJ on Thursday to the meeting Prime Minister Nawaz Sharif had with Indian business tycoon Sajjan Jindal, said to be a friend of Indian Prime Minister Narendra Modi.

PPP vice-president Sherry Rehman said Pakistan had failed to plead its case and questioned as to why the counsel completed his arguments in 50 minutes against the allocated time of 90 minutes. "This was a game which started after Jindal's visit to Pakistan", she said.

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.

"In addition to issues of consular relations, this is a case in which it regrettably appears, on a preliminary examination of the facts, that the basic human rights of Jadhav have been violated by not allowing India to have consular access to him after his arrest and during the pendency of the criminal proceedings against him in Pakistan", he said.

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