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emfizz.com May 26, 2017


Kulbhushan Jadhav case: Pak reacts to ICJ order by replacing lawyer

20 May 2017, 03:35 | Terri Saunders

UN orders Pakistan not to execute Indian man accused of spying

India's battle at The International Court of Justice to stop Pakistan executing one of its nationals accused of spying has highlighted tensions between the nuclear armed rivals

Reacting to the order of the International Court of Justice (ICJ) in the Kulbhushan Jadhav case on Thursday, Pakistan said it will not accept the United Nations court's jurisdiction in matters related to national security.

The statement comes in the wake of the verdict by the International Court of Justice (ICJ) whereby Pakistan has been told to "take all measures to ensure that [Indian spy Kulbhushan] Jadhav is not executed till the final decision of this court".

Foreign Office spokesman Nafees Zakaria hit out at India, saying the country has been “trying to hide its real face” by taking the case of Jadhav to ICJ.

As Pakistan had already denied India consular access to Jadhav, India approached the ICJ for a stay order on the death sentence.

Jadhav was arrested in the restive southwestern Pakistani province of Balochistan in March 2016 and Pakistani officials claim he has confessed to spying for Indian intelligence services.

Jadhav reportedly joined India's prestigious National Defense Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991.

The Nation argued that the ICJ's have no jurisdiction in the case and its intevention was unnecessary as under a 2008 bilateral treaty, the right to consular access can be disregarded in the matters of national security. He added that the ICJ verdict had shown that the military court trial by Pakistan was a "charade", and that the neighbour had been completely "blown away" by it. However, Justice Usmani said Jadhav can not be executed until the final decision of the ICJ is announced.

She said Pakistan should have appointed an adhoc judge under relevant rules.

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Invoking the Optional Protocol of the Vienna Convention, India had contended that the International Court of Justice has the jurisdiction to take up the Jadhav death penalty case.

He asked the worldwide community to put pressure on Pakistan to accept the verdict.

The decision has been termed as a diplomatic win for India.

In 1998, a Paraguayan man was executed for murder in Virginia despite the global court's order urging the United States to halt his execution in a similar case involving the right to consular access.

Though India and Pakistan are signatories to the Vienna Convention since 1977, New Delhi's request for access to Jadhav was denied 16 times.

Pakistan's Dawn described the ICJ ruling as setback for the country.

Sarabjit Singh died in prison in Pakistan in 2013 after more than 20 years on death row.



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