Khursheed Shah slams PM over handling of Kulbhushan case

Cornelia Mascio
Mag 19, 2017

The Nawaz Sharif government in Pakistan has come under severe attack from its citizen who are now questioning the strategy adopted by its lawyers and why it accepted the International Court's jurisdiction in Kulbhushan Jadhav sentencing case.

The Attorney General for Pakistan (AGP) had recommended some other counsel, The Express Tribune reported.

In the two-page order, Justice Abraham also dismissed Pakistan's contention that the court had no jurisdiction over the case.

The officer, Kulbhushan Jadhav, was convicted in Pakistan and sentenced to death on April 10.

By denying Jadhav the opportunity to put up a strong defence through the offices of the Indian consulate, his life is at stake after a sham trial by a secretive military court established by Pakistan to try terror cases. Jadhav, 46, was sentenced to death in March by a Pakistani military court and India approached the highest United Nations judicial body with the plea to stay his execution.

"Until the ICJ gives its verdict, the case will go on in Pakistan", he said, adding that Jadhav can not be executed as long as the stay order is there. "Pakistan will present solid evidence against Jadhav".

The only condition under which Jadhav now stands to face execution is if Pakistan does not comply with the ICJ's decision. What we presented before the worldwide court was that denial of consular access to India to its citizen in Pakistan was an global treaty violation, a lapse that possibly seriously breached Jadhav's right to adequate legal assistance.

He also praised senior lawyer Harish Salve, who fought India's case at the ICJ against the death penalty to Jadhav by Pakistan.

Echoing similar sentiments, another BJP leader Sudhanshu Trivedi also lauded the decision and said that the verdict is a sign of relief for everyone.

The Prime Minister also lauded lawyer Harish Salve who argued the case in the worldwide court, sources said. Here is more. The fact that both countries are signatories to the Vienna Convention, has played out well for India to flex its legal muscle at ICJ. However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Navy. Therefore the court was "satisfied" of the "urgency" of the case.

"Justice prevails, this is a major victory for India as there is a stay on the death execution and the court has also upheld India's right to consular access", Union information and broadcasting minister M. Venkaiaha Naidu said.

India and Pakistan routinely accuse one another of sending spies into their countries, and it is not uncommon for either nation to expel diplomats accused of espionage, particularly at times of high tension.

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