Jadhav case: Pak to form new team of lawyers

As India and Pakistan have agreed to the ICJ’s jurisdiction any order passed by the court will be deemed to be binding

As India and Pakistan have agreed to the ICJ’s jurisdiction any order passed by the court will be deemed to be binding

Pakistan does not accept the International Court of Justices jurisdiction in matters related to national security, its Foreign Office said today after the United Nations court stayed the execution of Indian national Kulbhushan Jadhav.

"Pakistan has perused the case involving Jadhav at the ICJ, taking into account the national security affairs and followed all the legal procedures under constitutional bindings", she said.

"Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings", the ICJ ruled in a unanimous and binding decision on Thursday.

However, Aziz said that their counsel had "courageously" fought at the ICJ.

India has argued that Jadhav was wrongly convicted for spying.

India based its case on the Vienna Convention rather than on a 2008 agreement on consular access between India and Pakistan, he said. He said the ICJ decision was an outcome of the Sharif-Jindal talks. Now it is over to round two where both India and Pakistan would put out arguments before the ICJ which would pronounce its final verdict probably by August. "But (Jadhav) can not be executed until the stay order is there".

According to details, Jadhav can appeal against his death sentence in Supreme Court of Pakistan or to the President Mamnoon Hussain and Chief of Army Staff General Qamar Javed Bajwa.

The ICJ ordered Pakistan to stay the execution on Thursday until a final verdict is announced.

A Pakistan military court had awarded the death sentence to Jadhav, who was arrested on March 3 a year ago, last month for espionage and subversive activities.

Jadhav, a former Navy officer, was arrested in March 2016 from Balochistan, Pakistan claimed. Pakistan was also accused of denying Jadhav a fair trial in violation of worldwide human rights laws.

Jadhav reportedly joined India's prestigious National Defense Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991. In its plea to the court, India had expressed the fear that Jadhav might be executed even while the hearing at the ICJ was on.

Overruling Pakistan's contention that ICJ has no jurisdiction over the matter, an eleven-member bench said that it has prima facie jurisdiction in the case after Pakistan's failure to give consular access to India.

At hearings on Monday, India called Jadhav's trial a "serious miscarriage of justice" because he wasn't allowed to see Indian diplomats or choose his own defense lawyer.

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