New Delhi: India warned Pakistan on Thursday that it will be constantly under watch to implement the order of International Court of Justice (ICJ) in the Kulbhushan Jadhav case and any farcical attempt will not go unnoticed.
The ICJ on Wednesday ruled in favour of India and affirmed Kulbhushan Jadhav’s right to consular access. It also slammed Pakistan for breaching obligations incumbent upon it under Vienna Convention on Consular Relations.
India’s advocate in Kulbhushan Jadhav case Harish Salve said that ICJ directed a fair trial in accordance with the Pakistan constitution but if it’s back in the military court with the same rule where outside lawyers aren’t allowed, the evidence isn’t given then it won’t meet standards.
Salve expressed gratitude on behalf of the country towards ICJ for the manner in which it intervened in this case.
“It protected Kulbhushan Jadhav from being executed, in a hearing which was put together in a matter of days,” said Salve at a press conference on Wednesday in the wake of the judgment.
Salve indicated that the next steps would involve access to the Indian national by India’s consular officials in Pakistan, who will then be able to ensure he gets full legal representation.
“If there is a violation of the order, we can go back to the ICJ to seek further instructions. If a country brazenly violates such an order, there are other provisions, including sanctions in the [UN] Security Council and other remedies,” Salve added.
“There is an obligation of result, of fair adjudication after allowing Mr Jadhav consular access and Pakistan must take all steps necessary, including legislative measures,” the senior Indian lawyer asserted.
Pakistan Prime Minister Imran Khan on Thursday tweeted: “Appreciate ICJ’s decision not to acquit, release and return Commander Kulbhushan Jadhav to India. He is guilty of crimes against the people of Pakistan. Pakistan shall proceed further as per law.”
The Court rejected the objections raised by Pakistan to the admissibility of the application of India and found that the application was admissible.
The Court declared, by fifteen votes to one, that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Kulbhushan Jadhav.
Salve admitted that while India’s ambitious call for an annulment of Jadhav’s death sentence was not met, the court had been categorical in its verdict that Pakistan must do everything to make the Vienna Convention a living reality.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of “espionage and terrorism” in April 2017 based on an “extracted confession”.
India had moved the International Court of Justice (ICJ), the principal judicial organ of the United Nations, to seek a stay on his death sentence and further remedies.