Hope good sense prevails and Pakistan frees Jadhav: CPI

20 Mai, 2017, 03:37 | Author: Claudine Rigal

The resolution further reads that it was foolish on government's part to accept jurisdiction of the ICJ in this matter.

On the other hand, India has denied Jadhav was a spy, and accused Pakistan of "egregious violations of the Vienna convention" for not giving access to the detainee through a legal counsel. It also told Pakistan to give consular access to India. In this case, India and Pakistan both differ on the question of India's consular assistance to Jadhav under the Vienna Convention.

"ICJ has only granted formal stay on the death sentence of Jadhav", he maintained.

"I assure the nation that under the leadership of Prime Minister (Narendra) Modi we will leave no stone unturned to save #KulbhushanJadhav", he said in another Tweet.

She even thanked Harish Salve for presenting the case of Jadav before ICJ.

Pakistan's attorney general's office said the order did not affect the final outcome of the case.

The order by the ICJ is unanimous, favourable, clear and unambiguous.

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Pakistani representative Mohammad Faisal on Monday showed judges a copy of an Indian passport Jadhav was said to have been carrying at the time of his arrest in the name of Hussein Mubarak Patel.

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

While Indian partisans celebrated the court order, experts said Pakistan's powerful military could still take the high-risk decision to proceed with the execution and defy the court - for which there is precedent.

Talking to the state-run Pakistan Television after the ruling was delivered, Zakaria said India has been "trying to hide its real face" by taking the case of Jadhav to ICJ.

He was awarded the death sentence by a Pakistani military court on April 10 this year for alleged espionage and subversive activities. But Pakistan said it did not accept the United Nations court's jurisdiction in matters related to its national security.

"This court unanimously decides that Pakistan shall take all measures at its disposal so that Kulbushan Jadhav is not executed pending a final decision of this court in the matter".

Meanwhile, Pakistan said the ICJ's decision has not changed the status of Jadhav's case in any manner. 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.

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