Pakistan files plea with ICJ to rehear Kulbhushan Jadhav case

The ICJ had to step in to interject in the Kulbhushan Jadhav case but Pakistan refused to accept the court's jurisdiction when its case to dismiss was shot down

Pakistan violated basic human rights of Kulbhushan Jadhav: Indian judge at ICJ

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

Terming the ICJ decision [temporarily staying Kulbhushan Jadhav's execution] a "setback", Shah said the government's negligence is evident.

Sources in Islamabad said the Pakistan government, which has already been criticised for not exercising the option provided by Article 31, is now considering the appointment of an ad hoc judge. The ICJ's preliminary order is a vindication of India's position as the court has ruled that Jadhav is entitled to courtesies under the Vienna Convention, including consular access. By taking the Jadhav case to the ICJ, India has signalled dilution of its opposition to a role for third parties in dispute settlement.

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

Asked if the government has information on Jadhav's location in Pakistan, Gopal Baglay, spokesperson, Ministry of External Affairs, said on Friday, "The Pakistan government has not provided any information about Jadhav's condition or where he has been kept there".

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But former law minister legal expert S.M. Zafar said that prime facie, it was a wrong decision. The ICJ had on Thursday stayed the execution of Mr. Jadhav, 46, considered to be a spy by Pakistan. "We were very surprised how swiftly Jadhav's case was fixed before the ICJ", he said. The site reported that Pakistani lawyer Khawar Qureshi will continue to represent Pakistan counsel.

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. "I think Pakistan should withdraw from its position, which is contrary to global law and human rights norms, allow consular access and an independent lawyer for Jadhav, and hold an open and fair trial".

Why did Pakistan not take the glaring and brutal human rights violations in India-held Kashmir before the court, despite the fact that Islamabad had a strong case in this regard, he asked, then answered his own question, saying that India had not conceded to the court's compulsory jurisdiction in this matter.

"We did not explain our appeal and review system to show there was no urgency - we simply said Kulbhushan would be executed in August 2017".

The three cases were Mexico vs US, Germany vs US and Paraguay vs US.

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