Abb Takk News

Aziz claims Stay decision Temporary, says ‘ICJ can’t Scrap Sentence

Islamabad (May 20, 2017): Advisor to the Prime Minister on Foreign Affairs Sartaj Aziz has clarified that international Court of Justice’s stay decision was temporary and could not nullify the death sentence of Indian spy Kulbhushan Jadhav as Pakistan has all the documents of Jadhav involvement in subversive activities in Pakistan.

According to the details, Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz told journalists on Saturday that the International Court of Justice (ICJ) has not given any order regarding consular access for Indian spy Kulbhushan Jadhav.

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He said the government decided to go in the International Court of Justice after due consultation.

“It was a consensus decision to appoint Khawar Qureshi as our lawyer,” he said. “Everyone was satisfied with the arguments of Qureshi. Some are saying that we had 90 mins, why we used only 50 – a substantive argument can be given in only 10 mins.”

Aziz said that Jadhav was sentenced according to the laws of Pakistan after he admitted to entering the country on fake passport and involvement in terror activities.

The advisor said that on every death penalty case, the ICJ have given a provisional order.

He added that it was not possible for Pakistan to appoint an Ad hoc judge in five days time.

“Pakistan had only five days to prepare its case,” he said.

“Kulbhusan was sentenced as per country’s constitution and law and Pakistan found the opportunity to expose Indian intervention in Pakistan,” he said while giving press briefing to media representatives  over the Kulbhushan case in ICJ.

“The ICJ has only asked Pakistan to keep a stay on Jadhav’s execution until it arrives at a decision,” the senior diplomat said, explaining that when it comes to cases involving the death penalty, the international court has always given a stay order.

Supporting Pakistan’s lawyer in ICJ he said that appointment of Khawar Quereshi as Pakistan counsel was the unanimous decision and after law experts lauded his arguments he has given during the case in ICJ.

“Pakistan went ICJ with complete consultation, however we have only five days to prepare the case but despite lack of time Pakistan present case with full force,” he said adding that ICJ would have been given the same decision if Pakistan did not present in ICJ.

He mentioning Indian judge remarks said that Indian judge warned his government the way for Pakistan has been cleared to take the Kashmir issue in ICJ.

Setting aside the impression of Pakistan defeat in ICJ he said it was misconception as after presenting in ICJ make Pakistan’s case more sronger and will further strengthen in next hearings.

“India’s view that it has won this case is only timely because our position will only strengthen on the matter of jurisdiction and merit.”he said.

Kulbushan Jadhav was arrested on March 3, 2016, through a counter-intelligence operation in Balochistan’s Mashkel area for his involvement in espionage and sabotage activities against Pakistan. He was subsequently sentenced to death by a Pakistani Field General Court Martial (FGCM) in April this year.

Earlier  addressing the media after attending a passing out parade of the Frontier Corps (FC) in Warsak, Khyber-Pakhtunkhwa Interior Minister said that Pakistan will handle the Kulbhushan Jadhav issue as an espionage case, and deal with it according to our own laws, said Interior Minister Chaudhry Nisar Ali Khan on Saturday.

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The International Court of Justice (ICJ) ordered Pakistan to halt the execution of Indian spy Kulbhushan Jadhav until a final decision in the proceedings.

The ICJ rejected Pakistan’s stance and stated that the court had jurisdiction and would hear the case and seek arguments from both parties.

Judge Abraham stated that the ICJ had prima facie jurisdiction under Article 1 of the Optional Protocol to the Vienna Convention. The court further observed that the existence of a 2008 bilateral agreement on consular relations between India and Pakistan does not change its conclusion on the issue of jurisdiction.

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