Pakistan moves ICJ to rehear Kulbhushan Jadhav case

Pakistan moves ICJ to rehear Kulbhushan Jadhav case

Pakistan moves ICJ to rehear Kulbhushan Jadhav case

The Attorney General for Pakistan (AGP) had recommended some other counsel, The Express Tribune reported.

Senior lawyer Alamzaib Khan Advocate said that ICJ decision was a temporary stay order and final judgment was yet to be delivered.

He said that issues involving national security of a country like in Jadhav's case did not come in the domain of ICJ and this decision was not binding on Pakistan. "We are confident that India would not be able to hide the subversive activities it is trying to carry out through its agents like Commander Jadhav". Eminent lawyer and human rights activist Asma Jahangir suggested that rather than making the ICJ ruling a matter of ego, "we should sit down, join our heads and find a way out by going through the ruling thoroughly". He said Plan A involves efforts to secure the outright release of Jadhav from Pakistan's custody, and (if this was not possible) Plan B would be to press for an annulment of the death sentence and to get Jadhav proper legal representation in Pakistan so that he can be "tried in a manner acceptable to civilised society".

Asked if the government has information on Jadhav's location in Pakistan, Gopal Baglay, spokesperson, Ministry of External Affairs, said on Friday, "The Pakistan government has not provided any information about Jadhav's condition or where he has been kept there". Former law minister S M Zafar said prime facie, it was a wrong decision. The ICJ had on Thursday stayed the execution of Mr. Jadhav, 46, considered to be a spy by Pakistan.

Meanwhile, eyebrows have been raised in legal circles on both sides of the border because of Bhandari's comments to an Indian newspaper describing the ICJ's order as a "hugely satisfying interim pronouncement which is a great diplomatic victory for India". "Therefore, the 2008 Agreement does not exclude the Court's jurisdiction in the present case", he said. India's determination, however, was that a matter related to the Vienna Convention overrode its own stated objections to the jurisdiction of the court, specifically that such jurisdiction would not extend to disputes between two current or former Commonwealth members.

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Pakistan is yet to give answers to the questions about consular access. However, Haresh Salve, counsel for India, contended that the agreement was not registered with the United Nations. An ad hoc judge can also be chosen if the panel includes "no judge of the nationality of the parties", according to the article.

"The real face of India will be exposed before the world", he told the state-run Pakistan Television.

"The worldwide court is not a court of appeal where we show his innocence". We did not prepare our case at all once.

National Assembly Speaker Ayaz Sadiq on Friday said that Indian spy Kulbushan Jadhav's issue should not be politicised.

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