ICJ to Hold Public Hearing in Kulbhushan Jadhav Case on 15 May
Kulbhushan Jadhav was awarded the death sentence by a Pakistani military court in April this year.
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- The International Court of Justice stays Kulbhushan Jadhav’s execution
- ICJ to hold public hearing in Jadhav’s case on 15 May
- Senior advocate Harish Salve is representing India before the ICJ in the case
- India was denied consular access to Jadhav 16 times by Pakistan
- A Pakistani military court had handed the death sentence to Jadhav, accusing him of being a spy
The International Court of Justice (ICJ) in a press release on Wednesday announced that it will hold a public hearing of Indian national and former Navy officer Kulbhushan Jadhav, who has been handed death sentence by a Pakistani military court for alleged spying.
In a press conference held on Wednesday, spokesperson of the Ministry of External Affairs Gopal Baglay recalled that India was forced to approach the ICJ after Pakistan rejected the 16 consular requests to Jadhav, filed by India. The government filed a petition with the ICJ on 8 May, and the international court stayed Jadhav’s execution the following day.
While there has been no official communication from Pakistan regarding the stay order by ICJ, Pakistani Prime Minister Nawaz Sharif’s advisor on Foreign Affairs Sartaj Aziz reportedly said that their government is analysing the authority of ICJ to freeze Jadhav’s sentence.
An official communication from the Pakistani government is expected to be released in the next few days.
President of ICJ Seeks Cooperation From India and Pakistan
The ICJ has sent an urgent communication to Pakistan and India from the office of its President under Article 74 for Islamabad and New Delhi's cooperation till a decision is reached.
Judge Ronny Abraham, the President of the ICJ, has forwarded the urgent communication to both Pakistan and India .
Abraham in his letter to Pakistan Prime MInister Nawaz Sharif, said, " In my capacity as President of the Court, and exercising the powers conferred upon me under Article 74 , Paragraph 4, of the rules, I call upon the parties concerned ie. Your Excellency's Government , pending the court's decision on the request for provisional measures, to act in such a way as will enable any order the court may make on this request to have its appropriate effects."
Public Hearings on 15 May: ICJ
The International Court of Justice (ICJ) will on Monday hold public hearings in the case of Jadhav.
The announcement was made by ICJ on Wednesday night, a day after it stayed Jadhav’s execution following India’s initiation of proceedings against Pakistan, accusing it of “egregious violations of the Vienna Convention on Consular Relations”.
'We Are Analysing ICJ's Authority to Stay Jadhav's Execution', Says Pakistan
Pakistan has said it is analysing the International Court of Justice's authority to freeze the execution Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of spying.
Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz said Pakistan would release a statement on the issue in the next few days.
"We are analysing the Indian petition and the ICJ's authority in this case,” Aziz said after the Hague-based ICJ stayed the execution of 46-year-old Jadhav.
Nawaz Sharif, General Bajwa Discuss Jadhav Issue
According to media reports in Pakistan, Pakistan’s Chief of Army Staff General Qamar Javed Bajwa on Monday briefed PM Nawaz Sharif on the Kulbhushan Jadhav issue.
Reports add the army chief was accompanied by DG ISI Lt Gen Naveed Mukhtar, while Finance Minister Ishaq Dar was also present at the meeting.
India Using Jadhav's Conviction as Diversionary Tactic: Pakistan
Pakistan on Wednesday accused India of using its national Kulbhushan Jadhav's death conviction to "divert" attention from its "state-sponsored" terrorism in the country.
Pakistan’s Defence Minister Khawaja Muhammad Asif's allegation against India came a day after the International Court of Justice (ICJ) stayed the execution of 46-year-old Jadhav, who has been sentenced to death by a Pakistani military court on charges of "spying".
It was the first response from Pakistan after the order by the Hague-based ICJ.
'No Option But to Approach ICJ': MEA
The spokesperson of the Ministry of External Affairs Gopal Baglay, on Wednesday, recalled that India was forced to approach the ICJ after 16 consular requests to the Pakistan government was denied by the country.
He added that the government was forced to approach the ICJ in the interest of ensuring justice to Jadhav.
The MEA spokesperson further informed that India had no information either regarding Jadhav’s health or whereabouts.
No Official Reaction From Pakistan
The Pakistan government has not officially responded to ICJ’s stay on the death sentence handed to Kulbhushan Jadhav by a Pakistani military court. While the official channels stayed mum, the local media, which was initially slow to respond, rejected India's claim.
While news channel Geo TV said that the ICJ has no jurisdiction over Pakistan, Express Tribune in its report on the issue did not report the stay order. Dawn online also ignored the stay order and did not report it.
'Pak Cannot Bypass International Law': Jadhav's Lawyer
Kulbhushan Jadhav’s lawyer Jas Uppal, while speaking to Republic news channel, said that any individual captured by another country must have consular access and should be provided with legal advice along with proper medical examination.
Harish Salve Represents India Before ICJ
Minister of External Affairs Sushma Swaraj took to Twitter on Wednesday to inform that senior advocate Harish Salve represented India before the International Court of Justice in the Jadhav case.
Harish Salve primarily practices in the Supreme Court, and specialises in constitutional, commercial and taxation laws but also appears in international arbitral disputes.
Speaking to CNN-News18, Salve congratulated India and said that “Pakistan is now bound by international order”.
He also said that India had approached the ICJ on 9 May after it was not allowed to provide Jadhav with legal assistance.
Swaraj also tweeted that the ICJ order had been communicated to Jadhav’s mother.
Union Minister Venkaiah Naidu also took to Twitter to express that he was happy with the ICJ verdict and also conveyed his compliments to the External Affairs Minister.
Asaduddin Owaisi, president of AIMIM, hailed the centre’s approach to the ICJ as an “extraordinary move”.
ICJ Freezes Jadhav’s Execution
The International Court of Justice on Tuesday halted the death sentence handed to Indian national Kulbhushan Jadhav by a Pakistani military court on 10 April.
The court reportedly sent a letter to Pakistani Prime Minister Nawaz Sharif asking him to stay the execution.
Jadhav, a former Indian Navy officer, is accused of spying by Islamabad. He was arrested by Pakistani authorities in Balochistan in 2016, after he allegedly entered the country from Iran.
Pakistan had said that he worked for the Research and Analysis Wing (RAW), fuelling the Baloch separatist movement and attempting to sabotage the CPEC project.
The death sentence handed to Jadhav by the Field General Court Martial evoked a sharp reaction from India, which warned Pakistan of consequences and damage to bilateral ties if the “premeditated murder” was carried out.
India Denied Consular Access 16 Times
India had sought consular access to Kulbhushan Jadhav 16 times, but was refused permission each time.
India, in its appeal to the International Court of Justice (ICJ), accused Pakistan of “egregious” violations of the Vienna Convention on Consular Relations.
The petition filed by India read:
(With inputs from PTI and IANS)
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