Published: Fri, May 19, 2017
Worldwide | By Gretchen Simon

Pakistan moves ICJ to rehear Kulbhushan Jadhav case


Pakistan has filed a plea in the International Court of Justice (ICJ) on Friday to have the case concerning Indian national on death row in Pakistan, Kulbhushan Jadhav reheard within six weeks, a Pakistan-based news portal reported.

Aziz said a decision to provide consular access to Jadhav is yet to be made.

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

"ICJ has only granted formal stay on the death sentence of Jadhav", he maintained.

In April, a military court sentenced him to death for alleged involvement in spying and subversive activities.

Pakistan says Jadhav, 46, was arrested in March a year ago in the restive Balochistan province.

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. India has contended he was kidnapped from the Iranian port of Chabahar and his secret trial was a "farce".

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He said the rights claimed by India on the merits were plausible because they concerned consular access to a person who was indisputably an Indian national, who had been arrested, tried and convicted in a foreign country.

Zakaria said Pakistan's reply to the court was submitted in line with Article 36 of the Vienna Convention.

The CPI termed as "highly objectionable" the stance Pakistan took after the ICJ passed the order on Thursday and condemned the neighbouring country's stand of denying consular access to Jadhav.

The court also found that there exists a lien between the rights India seeks to assert and the provisional measures the court can deploy. The top Court told Pakistan to take all possible measures to ensure that Jadhav is not executed before the International Court gives its final verdict. 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.

India did nominate one but Pakistan did not, he regretted, adding that Pakistan's counsel did not argue for the full allotted time either.

Judge Cancardo Trindade - a Brazilian - has written a concurring opinion to the order of the ICJ.

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