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India's ICJ Plea Can't Stop Pak From Executing Jadhav: Law Commission Chief

On Monday, in the first part of the hearing, eminent Indian lawyer Harish Salve argued before the ICJ that the trial conducted by the Pakistani Military Court was “farcical in nature,” and that all the requests for consular access to Jadhav had fallen on deaf ears.

Debayan Roy | News18.com

Updated:May 15, 2017, 6:58 PM IST
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India's ICJ Plea Can't Stop Pak From Executing Jadhav: Law Commission Chief
File photo of former Indian naval officer Kulbhushan Jadhav. (Photo: PTI)
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New Delhi: As India clashes with Pakistan at the International Court of Justice to seek consular access and ‘fair trial’ for Kulbhushan Jadhav, Justice BS Chauhan, Law Commission Chairman, said that even if ICJ accepts India’s plea and asks Pakistan not to execute Jadhav, “nothing can stop Pakistan to go ahead and execute him”.

Highlighting an important lacuna in International Law that it is not binding on nation states, Justice Chauhan told News18 that “this was a weak case.”

“International Law is mostly on paper. The biggest question is that first it has to be decided whether International Law is a subject of political science or law. How to implement this decision of the ICJ? Suppose today (on Monday) even if they order a stay, but Pakistan wants to execute Jadhav. They say, ‘no we want to execute him… sorry’. Then what is the remedy available to India? Nothing,” said the Law Commission Chairman.

Justice Chauhan said that even the next step, which involved approaching the Security Council at the United Nations, cannot yield much result as China holds the Veto power.

“India can take this issue up to the Security Council. But there China says ‘No’ and shows its Veto power and the case is finished. The case is actually very weak. This plea will only help in garnering international support. But while the hearing is going on, if Pakistan executes Jadhav, then there can be no remedy. This is perhaps the biggest critique of International Law,” said Justice Chauhan.

While explaining the legal loopholes, Justice Chauhan expressed “hope that Pakistan would not execute Jadhav, owing to the International pressure.”

On Monday, in the first part of the hearing, eminent Indian lawyer Harish Salve argued before the ICJ that the trial conducted by the Pakistani Military Court was “farcical in nature,” and that all the requests for consular access to Jadhav had fallen on deaf ears.

This case comes after August 10, 1999, when India shot down a Breguet Atlantique patrol plane of the Pakistan Navy in Indian airspace over the Rann of Kutch. India contested the case, and the ICJ upheld India’s position that the Court had no jurisdiction to entertain Pakistan’s claim.

| Edited by: Nakshab Khan
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