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Kulbhushan Jadhav Case: Pakistan to Reject ICJ Jurisdiction?

News18.com

Updated: May 13, 2017, 12:29 PM IST
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Kulbhushan Jadhav Case: Pakistan to Reject ICJ Jurisdiction?
File photo of former Indian naval officer Kulbhushan Jadhav. (Photo: PTI)

Islamabad: Pakistan may not accept the jurisdiction of the International Court of Justice (ICJ), which has stayed the execution of Indian national Kulbhushan Jadhav, a media report has said.

According to Dunya News, Attorney General of Pakistan was on Friday briefed on Jadhav's case after the Hague-based ICJ stayed the execution of the 46-year-old Indian, who has been sentenced to death by a Pakistani military court on charges of "spying".

In the briefing, it was stated that Pakistan does not accept the international courts jurisdiction to order the state of Pakistan on issues that involve its “national stability”, the channel said.

An expert on international law said Pakistan could raise the issue of jurisdiction before the ICJ, citing a 1999 case pertaining to the shooting down of an Atlantique aircraft in which India had refused to accept the court’s jurisdiction on the pretext that it could not hear cases related to disputes between the Commonwealth countries.


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India, in its appeal to the ICJ, has accused Pakistan of "egregious" violations of the Vienna Convention on Consular Relations and asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy but Pakistan claimed to have arrested him from Balochistan on March 3, 2016.

Jadhav was sentenced to death for "espionage and subversive activities".

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India acknowledges that Jadhav had served with the Navy but denies that he has any connection with the government. It also said that Jadhav was kidnapped from Iran. India has also handed over to Pakistan an appeal by Jadhav's mother, initiating a process to get his conviction overturned.

The ICJ will hold public hearings in the case on Monday "The hearings will be devoted to the request for the indication of provisional measures submitted by India," the ICJ had said in a release.

India had told ICJ that Jadhav "will be subjected to execution unless the court indicates provisional measures directing the government of Pakistan to take all measures necessary to ensure that he is not executed until th(e) Court's decision on the merits" of the case.

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India also pointed out that Jadhav's execution "would cause irreparable prejudice to the rights claimed by India".

Earlier, the ICJ president had written to Pakistan Prime Minister Nawaz Sharif, saying, "In my capacity as president of the court,... I call upon Your Excellency's government, pending the court's decision on the request for the indication of provisional measures to act in such a way as will enable any order the Court may make on this request to have its appropriate effects."

(With PTI inputs)

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