Opposition criticises govt for 'mishandling' Jadhav case

Posted May 20, 2017

After India scored a victory over Pakistan in the Kulbhushan Jadhav case, Prime Minister Narendra Modi today called up External Affairs Minister Sushma Swaraj where he lauded veteran lawyer Harish Salve's effort in the International Court of Justice.

Jadhav, a former navy officer, was sentenced to death by a Pakistani military court last month after being convicted of spying.

"It also unanimously decides that the court must be told of the measures Pakistan takes to implement this order", ICJ President Ronny Abraham said in the operative portion of the order which he read out in the open court for almost 30 minutes.

As India celebrated ICJ's decision in Kulbhushan Jadhav case, Pakistan responded by saying that it does not accept the United Nations court's jurisdiction in matters of national security.

When India appealed to ICJ and initiated proceedings against Pakistan for allegedly violating Article 36 of the Vienna Convention on Consular Relations, Pakistan argued that the court doesn't have jurisdiction over this bilateral dispute.

"PM Nawaz should appear before the house to explain why Pakistan did not appoint an ad hoc judge as it had a right to and why the Foreign Office did not take legal advice before initiating correspondence on the issue", The Express Tribune quoted PTI Central Information Secretary Shafqat Mehmood as saying.

Kulbhushan Jadhav was arrested in the southwestern province of Balochistan a year ago and Pakistani officials claimed he had confessed to spying for Indian intelligence services RAW.

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

He said Pakistan has already informed the ICJ that it does not accept its jurisdiction in matters related to the national security.

Yesterday, International Court of Justice stayed the execution of Kulbhushan Jadhav till its final decision.

On its part, Pakistan had told the ICJ that Vienna Convention provisions on consular access were not intended for a "spy" involved in terror activities and charged India with using the world body as a stage for "political theatre" in the Jadhav case.

The 11-judge bench of ICJ on Thursday ruled that Pakistan can not execute Jadhav until the "final decision". Pakistan was also accused of denying Jadhav a fair trial in violation of global human rights laws. Therefore the court was "satisfied" of the "urgency" of the case.

The UN Court virtually snubbed Pakistan by pronouncing that no execution will take place before the final decision.

The lawyer further justified the ICJ's decision to deliver a quick ruling a mere 10 days after India filed its case at the Hague court.

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