Kulbhushan Jadhav hanging stayed: To obey or not? Stung Pak is divided over answer

Nawaz Sharif, returning home from a week-long trip to China and Hong Kong, walked into a political minefield as his government came under attack from rivals and legal eagles over the loss of face at The Hague.

Written by Shubhajit Roy | New Delhi | Updated: May 19, 2017 8:31 am
Kulbhushan Jadhav, Kulbhushan Jadhav sentence, jadhav death sentence, international court of justice, ICJ, jadhav ICJ, pakistan, india, death sentence stay, Jadhav hearing, indian express news, india news, indian express opinion Kulbhushan Jadhav was awarded a death sentence by a military court in Pakistan on April 10.

Stung by its defeat at the ICJ which stayed the execution of Kulbhushan Jadhav, Pakistan was in turmoil Thursday after the Pakistan Punjab government contradicted the Foreign Office and said the country will accept the verdict of The Hague. Earlier, Foreign Office spokesperson Nafees Zakaria had said Pakistan does not accept ICJ’s jurisdiction in matters related to national security.

Pakistan Prime Minister Nawaz Sharif, returning home from a week-long trip to China and Hong Kong, walked into a political minefield as his government came under attack from rivals and legal eagles over the loss of face at The Hague. The government was criticised for not being adequately prepared and for making improper selection of lawyers to defend its case before the ICJ.

There was no official response from Pakistan’s powerful military whose ties with the civilian government have been strained ever since the Dawn Leaks probe.

Sources in New Delhi said it remains to be seen whether the civilian government led by Sharif is able to influence the Pakistan Army to cede to the Indian request of consular access to Jadhav.

Contradicting the Foreign Office, Pakistan Punjab Law Minister Rana Sanaullah said Islamabad will accept the decision of the ICJ.

Read | Kulbhushan Jadhav’s execution stayed by ICJ: Full text of verdict

Considered a close confidant of the Sharif brothers, Sanaullah told reporters: “We will accept the decision of the ICJ on Kulbhushan. Although Kulbhushan’s case does not fall in the jurisdiction of the ICJ, Pakistan accepts its decision.”

Geo News, one of the leading TV channels of the country, reported that Sartaj Aziz, Advisor on Foreign Affairs to the Pakistan Prime Minister, said the stay by the ICJ was “not something extraordinary”. Aziz said it was wrong to suggest that the selection of counsel was not appropriate.

But that offered little consolation. The Dawn reported that the ICJ decision had caused “shock and disappointment” in Pakistan.

Read | Tussle between Army, govt will shape how The Hague verdict plays out in Pakistan

Moreover, there was anger that top cabinet leaders and four chief ministers were overseas while the matter was being argued at the ICJ.

Retired Justice Shaiq Usmani told DawnNews: “It’s Pakistan’s mistake to have appeared there. They should not have attended. They have shot themselves in the foot. Until the ICJ gives it verdict, the case will go on in Pakistan. But he (Jadhav) cannot be executed until the stay order is there. The proceedings will continue here.”

London-based barrister Rashid Aslam said Pakistan was ill-prepared and did not utilise the 90 minutes it had to make its argument.

“Pakistan had 90 minutes of argument time but we wasted 40 minutes,” Aslam said. “I was surprised why we finished our arguments in such little time. I think Khawar Qureshi didn’t consume all the time that was afforded to him,” Dawn quoted Aslam.

“It is very clear, Article 5 B of the Vienna Convention, that if a civilian is caught he is subject to human rights law. But if it is a spy, then human rights are forfeited. So I don’t think we presented the case quite well… Pakistan had the right to set up a judge there but we didn’t do that. I think Pakistan was grossly unprepared. It might be that we did not have enough time,” he said.

Former Attorney General Irfan Qadir told Dawn: “I am shocked why Pakistan went there and presented their position and gave it in such a rush. The lawyers handling these matters had no experience. The arguments had no weight. They should have been presented in a rational manner… Pakistan’s jurisprudence has been ruined because of this.”

Senior PPP leader Sherry Rehman said, “We based our case on jurisdiction and it proved weak. More arguments should have been made regarding espionage.”

Shireen Mazari of Imran Khan-led Pakistan Tehreek-e-Insaf attacked Sharif: “Indian industrialist Sajjan Jindal’s secret meeting with Sharif in Murree (a hill resort near Islamabad) paid off. It was the outcome of post-Jindal visit. The game of Sharifs-India was on. We could have withdrawn our consent to automatic acceptance of ICJ jurisdiction.”

“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. We did not prepare our case at all once. We decided to go before ICJ, so we lost on each point raised by India including urgency of matter,” she said.

— (with PTI from Islamabad)

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  1. S
    sujata
    May 19, 2017 at 10:38 am
    one thing missing - where are kulbhushans wife parents children they never seen in photo vedio or interview -- BIG MYSTERY -- it is reported by TOI on day of pak verdict all parents wife children were missing from houses in mumbai - and locked doors - some have speculated NIA dobal have arrested or kidnaped them as jadhavs wife planned press conference to say it is dobal who traped jadhav by brainwashing him and forcibly sending for terrorist activities
    Reply
    1. H
      Hennry
      May 19, 2017 at 4:09 pm
      Are you brainless??
      Reply
    2. C
      Curious onlooker
      May 19, 2017 at 10:20 am
      A reversal at the ICJ should not be made to look as loss of face to stan, as precious life of a human was dependent on its verdict. Better to be a loser than suffer the prick on nation's conscience for the rest of life.
      Reply
      1. U
        Urmila Duhan
        May 19, 2017 at 9:24 am
        The court notes that the Vienna Convention does not exclude persons arrested for charges of spying or terrorism.
        Reply
        1. M
          Michelle:Vedic:human
          May 19, 2017 at 8:12 am
          Today poky's have globally proved themselves in front of the world that they are just bunch of a-s-S hol-Es uneducated slaves of wahabi's,----they can go to any level to satisfy their WAHABI masters and prove to the world that they bunch of hogs like Arabian frogs and desert goats and beast in BURQHA wrapped in black sacks,---porky MULL have just proved it and the world have just witnessed it that poky's are worlds biggest bunch of hog bonkers----Jai hind.
          Reply
          1. M
            M Shukla
            May 19, 2017 at 10:56 am
            The kil s of Aklaq, Pehlu Khan and other Indians on Indian soil shows that we are no different from the "Porkies"... subjecting indians of a particular community to violent discrimination in N A Z I India is as medieval and intolerant as Porki stan
            Reply
          2. I
            Ivan
            May 19, 2017 at 8:09 am
            Porkis tan and justice? Tell that the minorities who have their daughters raped and properties seized by the mullah goondas they have there.
            Reply
            1. M
              murthy
              May 19, 2017 at 7:49 am
              This is one more opportunity to stan to become rational and show to world. But, I don't think they avail the opportunity, given the culture wisdom, and bad friends they have. Good friends give you opportunity, whereas bad friends take the opportunity to finish you.
              Reply
              1. M
                Mohammad Dar
                May 19, 2017 at 7:56 am
                No need to be a hindu crook , as usual, stan has no reason to prove any thing, but teach a lesson to, would be hindus terrorist, you play, you pay with your own life.
                Reply
                1. M
                  murthy
                  May 19, 2017 at 8:46 am
                  Hiding nationality behind Religion is the new fashion. A good advice falls on deaf ears, that is not wisdom
              2. R
                raghav
                May 19, 2017 at 7:06 am
                Courts like the ICJ is for states which are law abiding & has human values. They are not for rog.ues like porkistanis. The country has laws governed by terrorists.
                Reply
                1. M
                  Mohammad Dar
                  May 19, 2017 at 7:57 am
                  Look who is talking, a hindu filthy crocodile in human form, residents of swamp of hindrance to truth hinduism immorality, from A to Z, by faith.
                  Reply
                  1. R
                    Rajiv
                    May 19, 2017 at 8:21 am
                    Dar, you are short of arguments and ideas talking ill won't serve any purpose. By being abusive for Hindus and Hinduism doesn't make you or your religion great. I know its not your fault you and your earlier generations were ruled by Islamic invaders this your anguish is we were not ruled by them that's the reason we are still Hindus
                    1. K
                      KOKO
                      May 19, 2017 at 9:58 am
                      you too are a hindu, everyone south of hindukush is a hindu by ethnicity. sanatan-dharam, christian, muhammedan, or sikh is a hindu first. don't hate yourselves. s: www.quora /Why-does- stan-cherish-tyrants-and-invaders-like-Mahmud-of-Ghazni-and-Muhammad-of-Ghor/answer/Rohit-King-C
                  2. M
                    Mohan Tvm
                    May 19, 2017 at 6:40 am
                    China is playing behind the screen with the intention of armtwisting India to join its OBOR project, which is going to be the biggest investment scam ever happened after Federal Reserve. The accounting firm PWC tallied nearly $500 billion in projects that include high-speed railroads, oil and gas pipelines, and refineries, to name a few. China is planning to invest $113 billion. The Chinese LOAN SHARKS are doing the same thing that IMF, WB used to do for African nations. Before WW2, it was Federal Reserve doing Money Laundry in Europe by giving loans and sel arms.
                    Reply
                    1. M
                      murthy
                      May 19, 2017 at 9:12 am
                      Actually, I strongly feel China must be behind all the unrest in Kashmir. They are the only benificoaries of the interest. stan is known for kil its own Muslims in Bangladesh, now in Baluchistan. It's easy to ume that they are least bothered about the damage being done to people in Kashmir valley, unmindful of the fact of the people being Muslims and they are the worst suffering because of unrest, as development came to standstill
                      Reply
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