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Pak moves ICJ to rehear Jadhav’s case within six weeks: sources

Adviser to the Prime Minister on Foreign Affairs, Sartaj Aziz on Wednesday confirmed that India has petitioned the international court of justice for a stay in death penalty of the spy Kulbhushan Jadhav. He confirmed this in a ceremony in Islamabad. Sartaj also confirmed India moved the ICJ the other day. According to a statement issued by ICJ on Tuesday, India filed a petition with the court urging it to suspend Jadhav’s sentence and declare that it was arrived at “in brazen defiance of Vienna Convention rights”. READ MORE: India moves ICJ for stay in Kulbhushan Jadhav’s death sentence The petition states that 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 also accused Pakistani authorities of violating the Vienna Convention on Consular Relations by denying India consular access to Jadhav.

THE HAGUE, MAY 19, (DNA) – Pakistan has filed a plea in the International Court of Justice (ICJ) on Friday to have the case concerning Indian spy on death row in Pakistan, Kulbhushan Jadhav reheard within six weeks.

Sources have reported that Pakistan is to re-challenge the jurisdiction of the international court after the verdict it released on Thursday granted injunction on Indian plea to defer execution of the convicted spy.

Reportedly, Khawar Qureshi would continue to represent Pakistan in the court in capacity of her counsel.

Pak team fighting the case in ICJ:

Moazzam Ahmad Khan, Ambassador of Pakistan to UAE in capacity of an Agent

Mohammad Faisal, DG (South Asia & SAARC) in capacity of an Agent

Syed Faraz Hussain Zaidi, Counsellor of the Pakistan Embassy in the Netherlands in capacity of an Adviser

Q.C. Khawar Qureshi as the Counsel

Asad Rahim Khan as the Junior Counsel

Joseph Dyke as the Legal Assistant

According to the law, Jadhav has the last day remaining tomorrow to challenge his death sentence in the appellate court after he was sentenced to capital punishment by a military court on April 10.

A death row inmate is permitted 40 days to challenge the black warrant in appellate court.

Within 60 days of verdict of the appellate court, the inmate can make a clemency appeal to the Chief of the Army Staff (COAS). A death row inmate is permitted by the law to make the final clemency appeal to the president within 90 days of army chief’s order.

The United Nations (UN) court had ordered Pakistan to delay execution of the convicted spy after a hearing was conducted by a 17-member bench on May 15 in The Hague.

The reserved verdict was released on May 18 according to which Indian plea was entertainment by the court granting provisional stay of execution of the Indian navy officer who worked for a covert agency to destabilise Pakistan.

Pakistan maintained in the court on May 15 that it did not reserve the jurisdiction to hear the case as it was a matter concerning Pakistan’s national stability. Pakistan has a no-tolerance policy towards terrorism, the court was told by London-based counsel Khawar Qureshi.

The counsel cited Vienna Convention on Diplomatic Relations of 1961 to challenge ICJ’s jurisdiction in the case.

Sartaj Aziz had asserted on Thursday that ICJ did not order Pakistan to grant India consular access of Jadhav but stated a collective opinion of the panel. Attorney General of Pakistan, Ashtar Ausaf Ali observed that ICJ’s verdict did not change Pakistan’s stance in the issue.






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