Showing posts with label INTERNATIONAL COURT OF JUSTICE. Show all posts
Showing posts with label INTERNATIONAL COURT OF JUSTICE. Show all posts

Wednesday, 17 July 2019

Relief or start of a long battle? What ICJ’s Jadhav verdict means for India

The fact undeniably remains that we only have a judgment, not Jadhav. Govt must be congratulated for acting decisively, but diplomacy remains India’s best way to secure Jadhav’s release
Kulbhushan Jadhav
The Kulbhushan Jadhav case isn’t the first run through an India-Pakistan contest has discovered its way to the International Court of Justice (ICJ). The two have taken their issues to ICJ on in any event three past events. Be that as it may, this was the first occasion when that a conference was occurring under such open examination.
Wednesday’s ICJ judgment came after a conciliatory and legitimate procedure that kept going more than three years. The decision attested consular access to Jadhav, and made ready for an audit of his conviction by a Pakistan military court. While the judgment is without a doubt a noteworthy triumph for India, it is just the beginning of a more drawn out procedure in Pakistan courts, the result of which stays unsure.
Kulbhushan Sudhir Jadhav is an Indian Citizen in Pakistani guardianship since March 3, 2016. The conditions of his fear are questioned by the nations. As indicated by India, Jadhav was abducted from Iran, where he was working after his retirement from the Indian Navy, and was therefore moved to Pakistan and confined for cross examination. Pakistan has battled that Kulbhushan Jadhav was captured in Balochistan after wrongfully entering the Pakistani region. It has additionally battled that Jadhav was in control of an Indian international ID bearing the name Hussein Mubarak Patel right now of his capture. He was blamed for performing demonstrations of reconnaissance and psychological warfare for the benefit of India and condemned to death by a military court on 10 April 2017.
India moved toward the ICJ
Following capital punishment, India issued a sharp demarche to the Pakistani High Commissioner. On 8 May 2017, a month after the declaration of capital punishment, India established procedures at the ICJ. It affirmed “horrifying infringement” of Article 36 the Vienna Convention on Consular Relations. Article 36 entomb alia gives that ‘consular officials will reserve the option to visit a national of their state in jail, care or detainment, and to mastermind his legitimate portrayal….

Thursday, 14 February 2019

Kulbhushan Jadhav case: Ahead of hearing, Pak says it’ll follow ICJ ruling

Indian national Jadhav, 48, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017
Kulbhushan Jadhav
Latest News: Pakistan is committed to implementing the decision of the International Court of Justice in the Kulbhushan Jadhav case, a senior Pakistani official said as the country’s delegation left for the Hague on Friday for the oral proceedings in the case that will commence at the world court from February 18.
Indian national Jadhav, 48, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India moved the ICJ in May the same year against the verdict. A 10-member bench of the ICJ on May 18, 2017, had restrained Pakistan from executing Jadhav till adjudication of the case.
Pakistan’s Attorney General Anwar Mansoor would lead the Pakistani delegation at the ICJ while Director General South Asia Mohammad Faisal would lead the Foreign Office side, a senior official told Dawn.
The ICJ has set a timetable for the public hearing in the case from Febraury 18 to 21 in The Hague and Harish Salve, who represents India in the case, is expected to argue first on February 18. The English Queen’s Counsel Khawar Qureshi will make submissions on February 19 from Islamabad’s side. Then India will reply on February 20 while Islamabad will make its closing submissions on February 21, the daily said. It is expected that the ICJ’s decision may be delivered by the summer of 2019…
Read Full Story on Kulbhushan Jadhav

Monday, 15 May 2017

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

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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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