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Kulbhushan Jadhav Case: Pak to Use India's 1999 Defence to Overrule ICJ?

Pakistan is preparing a strategy to “forcefully” defend its position when the International Court of Justice (ICJ) hears India’s plea against the death sentence handed to Kulbhushan Jadhav on Monday.

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Updated:May 13, 2017, 4:02 PM IST
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Kulbhushan Jadhav Case: Pak to Use India's 1999 Defence to Overrule ICJ?
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. (Image: TV Grab/CNN-News18)

New Delhi: Pakistan is preparing a strategy to “forcefully” defend its position when the International Court of Justice (ICJ) hears India’s plea against the death sentence handed to Kulbhushan Jadhav on Monday.

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.

"We have sent our recommendations to the Prime Minister's Office and the Foreign Office," Pakistan’s Dawn newspaper quoted Attorney General Ashtar Ausaf as saying. The recommendations outlined the strategy on how Pakistan could plead the case before the Hague-based ICJ, which has stayed Jadhav's execution.

Ausaf, who held marathon meetings for two days with the officials of the Foreign Office and the Law Ministry, is expected to represent Pakistan before the ICJ. But he did not rule out the possibility of engaging someone from abroad.

According to Dunya News, Ashtar Ausaf was brief about the case during which it was stated that Pakistan does not accept the international court’s jurisdiction to order the state of Pakistan on issues that involve its “national stability”.

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".

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.

(With PTI inputs)

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