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ICJ reserves verdict in Kalbhushan Jadhav case

The Hague (May 15, 2017): The International Court of Justice has reserved its order in the Kulbhushan Jadhav case today. 

After hearing arguments from both the sides, Pakistan and India, ICJ has reserved the order although Indian wanted urgent verdict.

Presenting Pakistan viewpoint in International Court of Justice, Pakistan’s lawyer Khawar Qureshi said according to Vienna Convention ICJ has no jurisdiction to hear Indian plea over Kulbhushan Jadhav.

The International Court of Justice (ICJ) began conducting a public hearing in the case pertaining to the conviction of Indian spy Kulbhushan Jadhav, who was sentenced to death by a Field General Court Martial (FGCM) last month.

“Espionage Indian commander Jadhav is a terrorists and don’t have counselor access, however Pakistan had provided enough information to India,”  he said adding that India did not give much evidence regarding Kulbhushan in its plea to access to him.

“ICJ should provide immediate justice as delay in justice is denied justice,” Pakistani lawyer argued.

He told the court that Kulbhushan had created unrest in Balochistan and Pakistan, despite he was terrorist, has given him time to defend himself.

Setting aside Indian allegation of Kulbhushan kidnapping from Iran, he said “The allegation baseless and concocted.”

Ambassador Moazzam Ahmad Khan, Director General (South Asia and Saarc) Dr Muhammad Faisal and counsellor Syed Faraz Hussain are present at the Peace Palace as members of Pakistan’s legal team.

Supreme Court lawyers Khawar Qureshi, Asad Raheem Khan and Joseph Decky are also present for the proceedings in The Hague.

Earlier, as the proceedings began, India appealed to the UN’s top court to order Pakistan to suspend its planned execution of Jadhav, saying his rights had been violated by Islamabad.

Senior advocate Harish Salve, leading the Indian legal team, focused his arguments on Pakistan’s denial of consular access to Jadhav as he presented India’s position before the judicial body.

Pakistani security agencies on March 24, 2016 apprehended an ‘on-duty RAW agent’ from Balochistan. The suspect was said to be an officer of the Indian navy working for the covert agency to destabilize Pakistan.

The operative had contacts with banned organizations and was working on plans to break Karachi and Balochistan away from Pakistan, and to sabotage the billion dollar China-Pakistan Economic Corridor (CPEC) project.

On March 25, a day after the arrest, the Indian Ministry of External Affairs said the Indian man arrested from Balochistan has no connection with the government, however, admitted that Kulbhushan Yadav is a former officer of the Indian navy.

“He (Jadhav) acquired premature retirement from the Indian navy and since then the government has nothing to do with him,” said Vikas Swarup, a spokesperson for the Ministry of External Affairs, requesting Pakistan to grant counsellor access to the ‘arrested Indian citizen’.

On April 10, COAS, Gen Qamar Javed Bajwa confirmed his death sentence awarded by Field General Court Martial (FGCM).

The spy was tried through (FGCM) under Pakistan Army Act (PAA) and awarded death sentence.

Jadhav was tried by FGCM under section 59 of Pakistan Army Act (PAA) 1952 and Section 3 of official Secret Act of 1923. FGCM found Kulbushan Sudhir Yadhav guilty of all the charges.

He confessed before a Magistrate and the Court that he was tasked by RAW to plan, coordinate and organize espionage / sabotage activities aiming to destabilize and wage war against Pakistan by impeding the efforts of Law Enforcement Agencies for restoring peace in Balochistan and Karachi.

 

Related News:

India moves ICJ over Kulbhushan Jadhav issue

Pakistan denies to accept ICJ’s jurisdiction in Jadhav’s case