ICJ decision today in Jadhav case
- Author: Leroy Wright May 22, 2017,
May 22, 2017, 12:37
The lawyer further justified the ICJ's decision to deliver a quick ruling a mere 10 days after India filed its case at the Hague court.
The legal experts said the problem is world court's order cannot be enforced the way domestic court verdicts can, adding that Pakistan may claim it had not agreed to the case at the judicial branch of the UN.
The ICJ said that India should have been granted consular access to its national as per the Vienna Convention to which both countries have been signatories since 1977. It also told Pakistan to give consular access to India. Salve's strategy saw him, in an emergency hearing on May 15, requesting the ICJ to order Islamabad to suspend Jadhav's execution. India had, last Monday, moved the court seeking immediate measures by the top court, in effect a stay, against the death sentence. As soon as the order came in, Prime Minister Narendra Modi expressed his satisfaction and spoke to external affairs minister Sushma Swaraj who described the verdict as a "great relief". Jadhav, 46, was sentenced to death in March by a Pakistani military court and India approached the highest United Nations judicial body with the plea to stay his execution.
London-based Barrister Rashid Aslam said Pakistan was ill-prepared and did not utilise the 90 minutes it had to make its argument. However, he said Pakistan "will present solid evidence against the Indian spy in the International Court".
In its order indicating provisional measures, which was adopted unanimously, the Court also stated that the Pakistan Government shall inform it of all measures taken in implementation of that order. However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Indian Navy.
"Urging the United Nations and the the worldwide community to understand the double game of Pakistan, Mengal said", Pakistan is a hub of terrorism as it is producing Islamic terrorism for the entire world.
There has been a long-running conflict in Balochistan between Pakistani security forces and a militant separatist movement.
He congratulated the Indian team which represented the country in the ICJ and stressed that the Government should not leave any stone unturned to ensure justice for Jadhav and his return to our country.