Pakistan does not accept the International Court of Justice's jurisdiction in matters related to national security, its foreign office said on Thursday after the United Nations court stayed the execution of Indian national Kulbhushan Jadhav. It also made clear that Islamabad's argument that the 2008 bilateral agreement on consular access justifies its decision to not give India consular access to Jadhav, as he was accused and subsequently found guilty of acts of espionage, was not in keeping with global norms.
"In this regard, the Court notes that the Parties do indeed appear to have differed, and still differ today, on the question of India's consular assistance to Mr Jadhav under the Vienna Convention".
He said that Pakistan has also not responded to the request by the family members of Jadhav for visas so that they could go and meet him.
Instead of contesting the matter, Pakistan should have withdrawn the declaration immediately after India took Jadhav's case to the ICJ, he said. It is a setback for Pakistan, he said and added that it has increased our doubts. "If any country says I don't accept the ruling, is the country going to put itself in a position that it is guilty of such a heinous crime violating all worldwide norms".
"It is just a continuation of its earlier understanding", Yechury observed.
In April, a Pakistani military court sentenced him to death.
Jadhav, who was "arrested" by Pakistan last year, allegedly in that country, was sentenced to death for "espionage" by a military court last year.
But, in a major diplomatic, moral and legal victory for India, the ICJ on Thursday asked Pakistan not to execute Jadhav pending its final decision and inform it of the steps being taken to implement the order.
The Hague-based court, the UN's highest judicial body, had yesterday stayed the execution of Jadhav, 46, considered to be a spy by Pakistan.
"We will accept the decision of ICJ on Kulbhushan", Sanaullah told media persons at the Punjab Assembly.
In a press release posted on the ICJ's website, the court provided its reasoning for the order it had issued.
The order by the ICJ is unanimous, favourable, clear and unambiguous.
Pakistan's lawyer Khawar Qureshi told the ICJ which held daylong proceedings to decide the fate of the former Indian Navy officer. "The court has said nothing on the merits or maintainability of the case".
Swaraj said, "We are grateful to Harish Salve for presenting India's case so effectively before ICJ".
"We lost important cases at the global forum in the last couple of years".