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Jadhav case today

2017-05-18
ISLAMABAD: The International Court of Justice (ICJ) will deliver its ruling on Thursday on Indian request for provisional measures against execution of its spy Kulbhushan Jadhav in Pakistan.

ICJ President Judge Ronny Abraham will read out the verdict at the Peace Palace in The Hague.

The world court held a single round of oral observations on Monday after India instituted proceedings against Pakistan for allegedly violating Article 36 of Vienna Convention by denying consular access to Jadhav.

India has asked the ICJ for provisional measures till it gives the final verdict in the case. The provisional measures sought by India are: `Government of the Islamic Republic of Pakistan take all measures necessary to ensure that Mr Kulbhushan Sudhir Jadhav is not executed; that the Government of the Islamic Republic of Pakistan report to the Court the action it has taken in pursuance of subparagraph (a); and that the Government of the Islamic Republic of Pakistan ensure that no action is taken that might prejudice the rights of the Republic of India or Mr Kulbhushan Sudhir Jadhav with respect to any decision the Court may render on the merits of the case.

The counsel appearing on behalf of Pakistan at the hearing on Monday had asked the court to reject India`s request for provisional measures.

Pakistan had also questioned the jurisdiction of the court in the case. It was further contended that Jadhav still has the appeals process available to him in Pakistan. India was accused of misusing the court as a `political theatre`.

Commander Kulbhushan Jadhav, a RAW agent, was captured in Balochistan in March last year. He later confessed to his associationwith RAW and his involvement in espionage and fomenting terrorism in Pakistan. A military tribunal this year awarded death sentence to him. The sentence was confirmed by Chief of the Army Staff Gen Qamar Bajwa on April 10.

Forty-day period for Jadhav toñle an appealagainstthe military tribunal`s verdict expires on Friday (May 19).

The convict is at the time of confirmation of sentence handed over a proforma by the military authorities for filing an appeal. Furthermore, under the Army Act it is only the convict who can make an appeal against the penalty.

The Indian government in its petition to the ICJ said that Jadhav`s family had ñled an appeal under Section 133 (B) and a petition to the federal government under Section 131 of the Army Act, 1952.