Pakistan must review Kulbhushan Jadhav’s death sentence, rules ICJ

The bench also ruled by 15 votes to 1 that Pakistan had violated India’s rights to consular visits after Jadhav’s arrest

In a noteworthy triumph for India, the International Court of Justice on Wednesday decided that Pakistan must audit capital punishment for Indian national Kulbhushan Jadhav, who has been condemned to death by a Pakistani military court on charges of “reconnaissance and psychological warfare”.

Jadhav, 49, a resigned Indian Navy official, was condemned to death by the Pakistani military court on charges of “secret activities and psychological oppression” after a shut preliminary in April 2017. His condemning evoked a sharp response in India.

A seat driven by President of the Court Judge Abdulqawi Ahmed Yusuf requested a “compelling audit and reexamination of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav“. The seat likewise controlled by 15 votes to 1 that Pakistan had abused India’s rights to consular visits after Jadhav’s capture.

Pakistan “denied the Republic of India of the privilege to speak with and approach Mr Kulbhushan Sudhir Jadhav, to visit him in detainment and to mastermind his lawful portrayal”, the judges said. Pakistan was under the commitment to advise India about the capture and confinement of Jadhav under the Vienna Convention, Judge Yusuf ruled.

The seat saw that there was a three-week delay in advising India about Jadhav’s capture on March 3, 2016, prompting a “rupture” of Pakistan’s commitments under the show. Taking note of that India has made various solicitations for the consular access, which was denied by Pakistan, the court said it was “undisputed” certainty that Pakistan did not acquiesce to India’s interests. The court said that Pakistan has not clarified how any of the unjust demonstrations supposedly dedicated by India may have kept it from satisfying its commitment.

The decision in the prominent case comes about five months after a 15-part seat of ICJ driven by Judge Yusuf had saved its choice on February 21 subsequent to hearing oral entries by India and Pakistan. The procedures of the case took two years and two months to finish. India moved the ICJ in May 8, 2017 for the “shocking infringement” of the arrangements of the Vienna Convention by Pakistan by more than once denying New Delhi consular access to Jadhav…

Pak to file 2nd counter-memorial on Kulbhushan Jadhav case in ICJ on Jul 17

India has accused Pakistan of violating the Vienna Convention by not giving consular access to Jadhav

 

Pakistan will file its second counter-memorial on July 17 in the ICJ on the conviction of Indian national Kulbhushan Jadhav who was sentenced to death by a Pakistani military court in April last year on charges of espionage and terrorism, a media report said on Thursday.

The International Court of Justice (ICJ) on January 23 gave a timeline to both Pakistan and India for filing another round of memorials in the case.

Pakistan’s memorial will be in response to pleadings filed by India in the Hague-based ICJ on April 17.

Top attorney Khawar Qureshi, who pleaded Pakistan’s case at the initial stage, briefed Prime Minister Nasirul Mulk regarding the case last week, the Express Tribune reported.

Attorney General for Pakistan Khalid Javed Khan and other senior officials also attended the meeting.

According to the daily, the counter-memorial has been drafted by Qureshi.

After the submission of the second counter-memorial, the ICJ will fix the matter for hearing, which is likely to take place next year.(CLICK HERE : BS)

A senior lawyer, who has expertise in international litigations, told the Pakistani daily that there is no chance of hearing the case this year.

Even the hearing of other matters has already been fixed until March/April next year, therefore, Jadhav case will be listed in summer next year, he added.

India had moved the ICJ in May last year after Jadhav, 48, was sentenced to death by a Pakistani military court on charges of espionage and terrorism.

A 10-member Bench of the ICJ on May 18 had restrained Pakistan from executing Jadhav until adjudication of the case.

In its written pleadings, India had accused Pakistan of violating the Vienna Convention by not giving consular access to Jadhav arguing that the convention did not say that such access would not be available to an individual arrested on espionage charges.

In response, Pakistan through its counter-memorial on December 13 told the ICJ that the Vienna Convention on Consular Relations 1963 applied only to legitimate visitors and did not cover clandestine operations.

Pakistan had said that “since India did not deny that Jadhav was travelling on a passport with an assumed Muslim name, they have no case to plead.”

Pakistan said that India did not explain how “a serving naval commander” was travelling under an assumed name.

Like Kulbhushan Jadhav, Sarabjit could also have been saved, says sister

ICJ stayed the execution of former Indian Navy officer Kulbhushan Jadhav on Thursday

“It is a victory of crores of Indians,” said Dalbir Kaur on the International Court of Justice (ICJ) on Thursday staying the execution of former Indian Navy officer Kulbhushan Jadhav ordered by a Pakistan military court.

Kaur is the sister of Sarabjit, who was convicted in a case of alleged spying and carrying out four bomb attacks that killed 14 people in the Pakistani cities of Lahore and Faisalabad in 1990.

Who was Sarabjit?

The unfortunate tale of Sarabjit has often been told and retold. His tragic death became all the more famous after a biographical film directed by Omung Kumar was made last year. Actress Aishwarya Rai essayed the role of Singh’s sister, Dalbir Kaur, while, Randeep Hooda and Richa Chada played the roles of Sarbjit Singh and his wife, Sukhpreet, respectively.

Sarabjit Singh was a resident of Bhikhiwind, located along the Indo-Pakistani border in Tarn Taran district of Punjab. In 1990, he was arrested for illegally crossing over to Pakistan. Since then, he spent over 19 years in solitary confinement. On April 26, he was brutally beaten up in a Lahore jail and he succumbed to his injuries in May 2013.

Narendra Modi Vs Manmohan Singh

On Sarabjit’s death, Prime Minister Narendra Modi, who was then the Chief Minister of Gujarat had said, “Truth about Sarabjit Singh’s death in Pakistan must come out”.

“Centre is unable to give a strong answer to Pakistan’s inhuman acts”.

Modi, then BJP’s PM candidate, added, “The Indian government had the time to take the Sarabjit issue on the international level. But they left it on the family to fight.”

Voicing his opinion, Dalbir too lashed out at the UPA regime and called for Manmohan Singh’s resignation.

In case of Kulbhushan Jadhav, while the likes of Sitaram Yechury criticised the NDA government for running to ICJ for help, others are mostly pleased. (READMORE…)

After India-Pak face-off, ICJ says ruling on Jadhav 'as soon as possible'

India has demanded that Pakistan annul Kulbhushan Jadhav's death sentence

 

India and Pakistan on Monday clashed at the International Court of Justice (ICJ) over the fate of alleged spy Kulbushan Jadhav with New Delhi invoking the court's jurisdiction to see that the death sentence against him was annulled immediately.

Pakistan rejected the plea on the ground that India had no right to invoke the jurisdiction of the UN's highest court because the Vienna Convention does not provide for matters relating to spies, terrorists and those who indulge in espionage.

However, Islamabad suffered a jolt when it was not allowed by the court to play the video containing a purported confession by Jadhav, a former navy official, who India says was abducted from Iran and taken to Balochistan.

At the end of the day's proceedings, ICJ President Ronny Abraham announced that the verdict in the matter would be given "as soon as possible" and the date delivered in a public sitting.

The Indian case was put up strongly by noted lawyer Harish Salve who demanded that Pakistan should annul Jadhav's death sentence and see that he was not executed as his trial was held under "farcical" circumstances in violation of the Vienna Convention.

"I urge the ICJ to ensure that Jadhav is not executed, Pakistan reports to this court that the action (of not executing him) is taken and that no action is taken that might prejudice the rights of India in the matter of Jadhav," Salve said in his over 90-minute presentation.

The ICJ had last week "stayed" the execution on a petition by India, which approached the UN court after 46 years on an issue with Pakistan. (READ MORE)

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Kulbhushan Jadhav case: India, Pak set for battle at ICJ after 18 years

UN's principal judicial organ will hold a public hearing at the Great Hall of Justice at Hague

 

The International Court of Justice (ICJ) was last a battleground for India and Pakistan nearly 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft.

On Monday, the ICJ, which is the UN's principal judicial organ, is holding a public hearing at the Great Hall of Justice housed in the Peace Palace at The Hague in Netherlands where the two countries will be asked to present their case over the contentious Jadhav issue.

India on May 8 moved a petition before the UN Body to seek justice for Kulbhushan Jadhav, 46, alleging violation of the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access to the former naval officer was consistently denied.

A Pakistani military court awarded death sentence to Jadhav last month for alleged espionage and subversive activities. Pakistan has also not responded to the request for visas applied by Jadhav's family. Jadhav was arrested on March 3 last year.

The previous case related to shooting down of Pakistan's maritime reconnaissance aircraft Atlantique by the Indian Air Force(IAF) in the Kutch region on August 10, 1999, killing all 16 naval personnel on board. Pakistan claimed the plane was brought down in its air space and sought 60 million USD in damages from India for the incident.

A 16-judge bench of the court on June 21, 2000 voted 14-2 to dismiss Pakistan's claim. The decision was announced by bench president Gilbert Guillaume of France at a public sitting. The verdict was final and there was no appeal.

The ICJ found that it has no jurisdiction to entertain the application filed by Pakistan on September 21, 1999.

Public hearings in the case titled 'Aerial incident of August 10, 1999 (Pakistan vs India)' lasted four days ending April 6, 2000. Arguments centred on the court's jurisdiction in the case which had to be determined before its merits could be considered by the 16 judges.

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