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Pakistan moves ICJ to rehear Kulbhushan Jadhav case within six weeks

19 Mai 2017

Senior lawyers of worldwide law and constitutional law here on Friday said that the decision of global Court of Justice (ICJ) has not changed the status of the case regarding Indian spy Kalbushan Jadhav.

He said that issues involving national security of a country like in Jadhav's case did not come in the domain of ICJ and this decision was not binding on Pakistan.

The 4-feet high sculpture was created by using about three tons of sand, he said.

He said he has always tried to spread messages through his sand sculpture around the world. "India should have been given consular access as per Vienna Convention".

The ICJ, the primary judicial organ of the United Nations, stayed the death sentence awarded to Jadhav by the Pakistan military court, citing that both - India and Pakistan - were bound by the Vienna Convention and that the rights invoked by New Delhi under the Vienna Convention were plausible.

In the detailed order, the court said prima facie it felt that it had jurisdiction to go into the matter given the details of the present case.

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Pakistan says Jadhav, 46, was arrested in March previous year in the restive Balochistan province. This agreement and the exception could not supersede the Vienna Convention on Consular Relations (VCCR) 1963, he said.

The lawyer told the court that Jadhav was kidnapped in 2016 from Iran where he was pursuing his business after retiring from the Indian Navy, brought to Pakistan and was shown to have been arrested in Balochistan and presented as an alleged Indian spy.

"Who gave the opinion to deny consular access to Jadhav in the first place", she questioned, and asked whether this was in the interest of the country. The ICJ found that the link exists between the rights claimed by India and the provisional measures sought. Judge Dalveer Bhandari - an Indian -- has appended his declaration to the order of the court after considering at length the decisions in the LaGrand case (Germany vs United States) and Guinea v. France and Ukraine v. Russian Federation.

Jadhav's case is the latest flash-point in the tensions between Pakistan and India.

Foreign Office Spokesman Nafees Zakaria said the decision to challenge the ICJ's jurisdiction was taken after consultation with all government institutions and agencies.