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Jadhav case to be forcefully pursued: Ausaf

15 May 2017
Jadhav case to be forcefully pursued: Ausaf

The International Court of Justice on May 9 put a stay on the death sentence given by Pakistan to the alleged Indian spy.

After hectic consultations for two days with the Foreign Office and law ministry officials, Attorney General Ashtar Ausaf has sent a set of recommendations to Prime Minister Nawaz Sharif. "We will inform the ICJ of the next steps", a Pakistani official told BusinessLine requesting anonymity. Pakistani lawyers believe the precedence of Atlantique case can be the first obstacle for India in the Jadhav case.

India complained to the ICJ that its 16 formal requests to Pakistan for consular access to Jadhav have been repeatedly rebuffed - in "contravention" of worldwide law - and has asked for a stay on his execution.

Islamabad had earlier accused Delhi of resorting to diversionary tactics with its appeal to the ICJ against Jadhav's execution. Islamabad had told ICJ that the case pertained to Pak's "national security" and would not be a part of the Court's jurisdiction, according to reports.

Following India's request, the ICJ, using its powers under the "Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes of 24 April 1963" has stayed Kulbhushan Jadhav's execution. Delhi had pointed out "the extreme gravity and immediacy of the threat that authorities in Pakistan will execute an Indian citizen in violation of obligations Pakistan owes to India".

Justice Chohan, who also served as a judge of the Lahore High Court, said Pakistan could forcefully argue before the ICJ that the final stage to approach the world court had not been reached when other forums available to the convict had not been exhausted. "India submits that it has information that Mr. Jadhav was "kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy", it added.

"The best resolution between India and Pakistan can be discussed at bilateral level all the times irrespective of however intransigent and badly behaved Pakistan is", said Kumar.

"The International Court of Justice (ICJ), the principal judicial organ of the United Nations, will hold public hearings on Monday, 15 May the proceedings instituted by India on 8 May 2017 against Pakistan".