ICJ's Jadhav verdict just a beginning, not victory: Soli Sorabjee

The International Court of Justice at The Hague has ruled in favour of India.

Adviser on Foreign Affairs Sartaj Aziz has said Pakistan's counsel had courageously presented Pakistan's stance in International Court of Justice on Indian spy Kulbhushan Jadhav.

Sitting in The Hague, the court rejected Pakistan's argument that it did not have jurisdiction over the case, and said it would hear the case and seek arguments from both sides. "There is considerable uncertainty as to when decision on any appeal is rendered or when Jadhav will be executed", said ICJ President Judge Ronny Abraham.

Echoing similar sentiments, Union Law Minister Ravi Shankar Prasad said that Pakistan has signed the Vienna Convention according to which they had to provide the consular access to Jadhav.

Pakistan does not accept the International Court of Justices jurisdiction in matters related to national security, its Foreign Office said today after the United Nations court stayed the execution of Indian national Kulbhushan Jadhav. It also upheld India's right to consular access, a request Pakistan has denied as many as 16 times.

In April this year, the Directorate of Inter-Services Public Relations (ISPR), Pakistan military wing, announced that Jadhav, whom Islamabad accuses of being a Research and Analysis Wing (RAW) agent and of fomenting unrest in Balochistan, was sentenced to die by a Pakistani army court.

The ICJ asserted its jurisdiction over the case of the 46-year-old former Indian Navy officer while noting that the circumstances of his arrest remain disputed.

The ICJ ruling staying the execution of Jadhav "has caused shock and disappointment in Pakistan", a daily reported on Thursday.

"The court further observes that Pakistan has indicated that any execution of Mr. Jadhav would probably not take place before the month of August 2017".

His statement was in conflict with that of the foreign office which said Pakistan does not accept ICJ's jurisdiction in matters related to the national security. Justice (r) Shaiq Usmani of Pakistan told the Pakistani daily, "It's Pakistan's mistake to have appeared there".

"The real face of India will be exposed before the world", he said, adding that Jadhav has confessed his crimes of sabotage, terrorism and subversion activities not only once but twice.

Shaiq Usmani, a retired judge of Pakistan's Supreme Court, told the media that Jadhav's case will go on in Pakistan until the ICJ gives it final decision.

Referring to Osama Bin Laden's compound in the Pakistan military academy, Mengal called upon the worldwide community to take action against Pakistan which is promoting religious terrorism across the world and the terrorists who are operating under the patronage of Pakistan intelligence agencies.

Pakistan Bar Council executive member Raheel Kamran Sheikh said it was matter of concern that success rate of Pakistan in worldwide arbitration cases was 2 per cent while India's success rate was 60 per cent.

  • Leroy Wright