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Jadhav's case should not be politicized, says speaker NA

20 Mai 2017

With just a day to go for the expiry of a 40-day deadline to challenge the death sentence given to Kulbhushan Jadhav, Indian officials said on Friday they do not know if Pakistani military authorities are even considering an appeal submitted by the former Indian navy officer's mother.

"It also unanimously decides that the court must be told of the measures Pakistan takes to implement this order", ICJ President Ronny Abraham said in the operative portion of the order which he read out in the open court for almost 30 minutes.

Sharma also slammed Pakistan over remarks of its Foreign Office spokesperson Nafees Zakaria that ICJ has no jurisdiction to hear the case concerning Jadhav.

The Express Tribune quoted legal experts saying Pakistan may face Great embarrassment if it fails to comply with ICJ order.

Kulbhushan Jadhav was arrested in the southwestern province of Balochistan a year ago and Pakistani officials claimed he had confessed to spying for Indian intelligence services RAW.

Shaiq Usmani, a retired judge of the Supreme Court, told a newspaper the decision was alarming because the "ICJ does not have jurisdiction".

Prima facie, the ICJ has jurisdiction on the Jadhav case, Abraham said, rejecting one of the Islamabad's main arguments against the Indian case.

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A Pakistani lawyer added that a bilateral agreement allows either country to make decisions on consular access in cases involving politics or security. The ICJ notes that Pakistan had given no assurance Jadhav would not be executed before the court gives its final decision.

She said Pakistan has presented dossiers to the United Nations regarding Kulbhushan Jhadav's involvement in terrorist and subversive activities in Pakistan.

Invoking the Optional Protocol of the Vienna Convention, India had contended that the International Court of Justice has the jurisdiction to take up the Jadhav death penalty case.

Rulings by the court are final and binding on the countries involved.

"Without prejudging the result, the ICJ considers that the risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk".

Referring to Osama Bin Laden's compound in the Pakistan military academy, Mengal called upon the global 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.

Though India and Pakistan are signatories to the Vienna Convention since 1977, New Delhi's request for access to Jadhav was denied 16 times. But death sentences have rarely been issued in recent years.