ICJ’s stay in Jashav’s case dents Pakistan but case yet to conclude: senior lawyers

Senior lawyers of international law and constitutional law here on Friday said that the decision of International Court of Justice (ICJ) has not changed the status of the case regarding Indian spy Kalbushan Jadhav.

In an exclusive chat with APP, senior international law and constitutional expert Mian Muhibullah Khan Kakakhel said that this was a temporary decision of ICJ and the final decision was yet to be announced.

“Cases did not end with issuance of stay orders rather full verdict of the court was required to lead the case to its logical conclusion,” he said.

He said that the ICJ verdict has not changed the status of Commander Jadhav’s case in any manner as the court did not give full endorsement to the Indians’ argument in this high profile case.

The senior lawyer said that Pakistan had attended the hearing with highest respect for the international court of justice despite the fact that it could abstain from the proceedings.

He said that issues involving national security of a country like in Jadhav’s case did not come in the domain of ICJ and this decision was not binding on Pakistan. He said that several countries had executed convicts against the orders of ICJ.

Kakakhel said that Commander Jadhav was convicted for death sentence by a Pakistani Court after he confessed to all his crimes. He said that no country could compromise on its security and protection of its people.

He said that such kinds of decisions would have negative effects on global efforts in War on Terror and no country would be able to bring terrorists to justice.

Senior lawyer Alamzaib Khan Advocate said that ICJ decision was a temporary stay order and final judgment was yet to be delivered.

“Criminal cases did not end with stay orders,” he said, adding that Pakistan’s arguments with tangible evidence were yet to be presented for which proper homework was required.

He said that India had failed to fully satisfy the ICJ. He said that the provision of consular services in cases of terrorism and spying were not mandatory.

Alamzaib told Pakistan had followed the due process of law while sentencing Commander Jadhav adding that they have to present all details of evidences against him in ICJ.

He supported Pakistan for appearing in ICJ as it had passed a good message of Pakistan’s respect for courts and supremacy of law.

 



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