Kulbhushan case: ICJ stay order a historic decision, says Attorney General

19 May, 2017, 17:38 | Author: Valerie Burke
  • Congress leader Ghulam Nabi Azad International Court of Justice ICJ naval officer Kulbhushan Jadav India

India had weaved its case around the fact that the neighboring country didn't give consular access to the prisoner.

As if they are not enough, the PTI official went on to press the premier to clarify why his government assigned the task to a lawyer who has never argued a case independently before the International Court of Justice and what compelled his government to send a first-year associate from the Attorney General's office instead of AG himself.

The verdict represents a diplomatic setback for Pakistan, which has insisted that Mr Jadhav's espionage activities put him beyond the purview of the ICJ's jurisdiction, and that the court can not interfere in matters of national security. "This was a game which started after Jindal's visit to Pakistan", she said.

Pakistan's stand that it does not accept ICJ's jurisdiction clearly "vindicates" India's position, said Ujjwal Nikam.

The ICJ, the primary judicial organ of the United Nations, stayed the death sentence awarded to former Indian Naval officer and alleged Indian spy Jadhav by the Pakistan military court, citing that both - India and Pakistan - were bound by the Vienna Convention and that the rights invoked by New Delhi under the Vienna Convention were plausible.

By winning a preliminary order from the International Court of Justice that prevents Pakistan from carrying out the execution of Indian national Kulbhushan Jadhav, India has won the battle of perceptions among members of the international community.

India denies Mr Jadhav is a spy, and Pakistan denies kidnapping him.

India told the ICJ that immediate steps must be taken to stop Pakistan from carrying out the death sentence of Jadhav.

"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. He also complimented Harish Salve, who represented India at the ICJ at The Hague. Pakistan did violate the Vienna Convention.

Salve, one of the most expensive lawyers in the country who is known to charge as high as anywhere between Rs 6 lakh to Rs 15 lakh per appearance in the Supreme Court or the Delhi High Court, charged only Re one for this case which was in the national interest. He said it was a big decision by the government to approach the ICJ as India had a lot at stake.

Kulbhushan Jadhav, 47, was arrested in March 2016 in the Balochistan province of Pakistan.

For Pakistan to follow suit and execute Mr Jadhav despite the court's order would "draw global censure", said ICJ president Ronny Abraham.

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