Oct 112017

The government of Pakistan has communicated to the International Court of Justice its designation of former chief justice of Pakistan Justice (retd) Tassaduq Hussain Jillani as its ad hoc judge in the Kulbhushan Jadhav Case. Justice Jillani served as a judge of the Supreme Court of Pakistan from July 31, 2004 to December 11, 2013 and subsequently as the 21st Chief Justice of Pakistan from December 11, 2013 until July 5, 2014. Ex-CJP to be Pakistan’s ad-hoc judge for Jadhav case The procedures of the International Court of Justice allow a party to nominate an ad hoc judge in circumstances where there is no judge of the court that has that party’s nationality. Currently, there is no Pakistani judge on the court; whereas India has Judge Bhandari. Ad hoc judges have the same authority on the court as any of the sitting judges. The court will now notify India that Justice Jillani has been nominated by Pakistan. The post Justice Jillani notified as ad-hoc judge in Jadhav Case appeared first on The Express Tribune. Click for detailed story

Jun 152017
Jadhav case: ICJ rejects India's request for six-month time to submit response

Jadhav case The International Court of Justice (ICJ) has rejected India's request to delay proceedings for Kubhushan Jadhav's case until December and ordered India to submit a response by September 13, Attorney General (AG) Ashtar Ausaf Ali said on Thursday.Speaking to reporters in Islamabad, Ali said that the court's registrar had informed Pakistan through its consulate in Netherlands of the development."The ICJ has written a letter to Pakistan informing us of their decision," the attorney general said.India had asked the ICJ to offer them time till December to file pleadings in the Jadhav case, however, "the court has dismissed their request," the AG added."India had adopted the stance that the matter was one of life and death, but Pakistan had stated that the ICJ is not a court of appeals."The attorney general further pointed out that the world tribunal was supposed to decide on giving the convicted spy consular access. "The ICJ is supposed to conclude whether or not Jadhav can receive consular access, for which a time period of two to three months is more than enough to file a response."Sources privy to the information noted that Pakistan will submit its response to the ICJ in December, while the court proceedings will begin in January 2018.In a hearing of the case on May 18, a 10-member bench at The Hague restrained Pakistan from executing Jadhav, who India claims is a retired naval officer.Jadhav case The UN's top court had announced its ruling on May 18 regarding an urgent bid [Read More…]

May 202017

A former Supreme Court of India judge, Markanday Katju, has expressed his concerns over the repercussions that India might have to face due to its actions of involving the International Court of Justice (ICJ) in the Kulbhushan Jadhav case, Financial Express reported on Saturday. Katju, who is also a former Press Council of India Chairman, in a Facebook post said that India had made a serious mistake by going to the ICJ. He also criticised the people “gloating” over India’s victory before the ICJ and said: “Serious mistake for India to go to ICJ. People are gloating over India’s victory before the International Court of Justice regarding Kulbhushan Jadhav. My own opinion is that it was a serious mistake for India to go to the ICJ on this issue, as we have played into Pakistan’s hands, and given it a handle to open up many other issues.” ICJ can’t annul Jadhav’s death sentence: Sartaj Aziz Katju said that this was the reason Pakistan “did not seriously object” to the ICJ jurisdiction. He said that it was certain that Pakistan would be approaching the International Court of Justice to decide the Kashmir issue and “it will then hardly lie in our mouth to object to the jurisdiction of ICJ since we cannot blow hot and cold together.” Calling the ICJ jurisdiction, “Pandora’s Box”, he said that Pakistan must be happy that India went to the ICJ for a single man’s life as they could now raise a variety of issues, particularly about [Read More…]

May 172017
Spy game

India has moved the ICJ against Jadhav’s conviction in utter desperation, but it has no case to defend its spy. The move is politically motivated to silence the growing domestic pressure and to prove to the people that India has done the maximum it could do and any action by Pakistan is beyond its control. Unless Pakistan puts up a weak defence or adopts a casual approach, the country is bound to win the case. Pakistanis should be happy that India has gone to the ICJ. For now, the neighbouring country has no legal ground to defend Jadhav. Once Pakistan wins the case, it will have no moral ground as well. Jadhav has organised the massacre of a large number of Pakistanis. He must pay the price. Anwaar Rasul Khan Lahore Click for detailed story

May 172017
Kulbhushan Jadhav's case: ICJ to announce verdict on Thursday

The UN's top court will rule on Thursday on an urgent bid by India to stop Pakistan from carrying out a death sentence on one of its nationals convicted of spying.In an emergency hearing swiftly organised on Monday, lawyers for New Delhi had urged the International Court of Justice (ICJ) to halt the execution of Kulbhushan Sudhir Jadhav.Jadhav was arrested in Balochistan province last year and he had confessed to spying for Indian intelligence services. He was convicted by a court martial and sentenced to death.The UN tribunal, based in The Hague, said in a statement it “will deliver its order on the request for the indication of provisional measures made by India in the Jadhav Case (India vs Pakistan), tomorrow on Thursday 18 May 2017”.The president of the court, Ronny Abraham, will read out the decision at midday (1000 GMT).The case — a rare foray for the two nations into the international courts — has highlighted the recent sharp uptick in tensions between the two neighbourly countries.India denied Jadhav was a spy, and on Monday accused Pakistan of “egregious violations of the Vienna convention” by denying him access to legal counsel and consular visits, and refusing to reveal the charge sheet against him.Jadhav was “an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges … has been held incommunicado… and faces imminent execution,” Indian lawyer Deepak Mittal told the tribunal on Monday.But Pakistani representatives accused New Delhi of “political grandstanding” and told the [Read More…]

May 152017

ISLAMABAD: The International Court of Justice (ICJ) is set to hold a public hearing today [Monday] over the issue of Kulbhushan Jadhav. “The ICJ, the principal judicial organ of the United Nations, will hold public hearings on Monday, May 15 2017, at the Peace Palace in The Hague, the seat of the Court, in the proceedings instituted the Republic of India on May 8 2017 against the Islamic Republic of Pakistan,” said a press release. Pakistan set to expose India’s complicity at ICJ Identified as Kulbhushan Sudhir Jadhav, the Research and Analysis Wing (RAW) agent had been operating in Pakistan disguised as Hussein Mubarak Patel and was tried on charges of espionage and sabotage activities in the country. Jadhav was arrested on March 3 last year during a counter-intelligence operation from the Mashkel area of Balochistan and was later sentenced to death by a military court followed by a confirmation by Army chief Gen Qamar Javed Bajwa. The Indian petition at the ICJ states that New Delhi was not informed of Jadhav’s detention until long after his arrest and that Pakistan failed to inform the Indian spy of his rights. It has also accused Pakistani authorities of violating the Vienna Convention on Consular Relations by denying India consular access to Jadhav. The petition urged ICJ to “restrain Pakistan from giving effect to the sentence and direct it to take steps to annul the decision.” India also requested the ICJ for provisional measures “directing the Government of Pakistan to take all measures necessary [Read More…]

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