India uncertain if Pak considering mother's appeal against Jadhav execution

Nick Mcbride
May 20, 2017

Pakistan does not accept the International Court of Justice's jurisdiction in matters related to national security, its Foreign Office said today after the United Nations court stayed the execution of Indian national Kulbhushan Jadhav.

On Thursday, the International Court of Justice (ICJ) ordered Pakistan to stay the execution until it issued a final ruling on India's petition to annul the death sentence.

Pakistan says ICJ has no jurisdiction to hear the case of Yadav as it pertains with the national security of the country.

Pakistan's Foreign Office said it did not accept the ICJ's jurisdiction in matters related to national security.

Pakistan, which announced the sentence on Jadhav on April 10, claims its security forces arrested him from its restive Balochistan province on March 3 a year ago after he reportedly entered from Iran.

India has maintained that Jadhav was abducted from Iran, where he was pursuing his business, and passed off as a spy.

Mehmood attacked the government for selecting a lawyer at the ICJ "who had not a single global law case reported from the UK Supreme Court".

Asserting that ICJ had a formal stay in the matter, Asif said that Jadhav who is a "RAW agent" will be convicted after fulfilling all necessary legal procedures.

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. The court claimed that Jadhav was an Indian intelligence agent and a threat to Pakistan.

A statement from the attorney general's office said the ICJ wanted "the status quo (to) be maintained" in Jadhav's case and the provisional measures were "without prejudice to the final determination" of the case.

Mengal further demanded that Pakistan should be tried for genocide of the Baloch people in the International Court of Justice as well.

Jadhav's case is the latest flashpoint in the tensions between Pakistan and India. "But (Jadhav) can not be executed until the stay order is there".

The decision has been termed as a diplomatic win for India.

Pakistan, on the other hand, wanted the ICJ to acknowledge its argument that the bilateral agreement on consular access takes precedence over the VCCR. It has also helped India overcome its diffidence over moving global fora when dealing with Pakistan for fear of internationalising Kashmir. On May 8, India moved the ICJ against the death penalty, alleging violation of the Vienna Convention on Consular Relations.

Sarabjit Singh died in prison in Pakistan in 2013 after more than 20 years on death row.

Other reports by VgToday

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