Fri, Aug 18, 2017 | updated 02:16 PM IST

AG Rohatgi, Nikam hail ICJ ruling, say Pakistan put at its place

Updated: May 18, 2017 17:19 IST      
AG Rohatgi, Nikam hail ICJ ruling, say Pakistan put at its place

New Delhi [India], May 18 (ANI): Hailing the International Court of Justice's (ICJ) ruling on the Kulbhushan Jadhav case, Attorney General Mukul Rohatgi on Thursday said the orders of the foreign court has marked India's victory.

Anticipating for a positive result in the case, Rohatgi said that he wishes that the final verdict also come in India's favour.

"The court has ruled that councillor access should have been given to Jadhav. But one thing is clear that this is the unanimous decision of 15 judges and they have held that issues of jurisdiction and merits will be decided later, but it is very clear that the Indian stand is victorious," said Rohatgi.

"Now lest hope that the next step, the final push which will happen in some time in August that also comes Indians way and that's the time we can see Mr.jadhav come back home," he added.

Commending the work of the Indian government in this regard, Rohatgi took the occasion to congratulate Ministry of External Affairs (MEA) for its efforts.

"I must congratulate the persons concerned including Ministry of External Affairs on the steps they have taken," he said.

Echoing similar sentiments, public persecutor Ujjwal Nikam said that the ICJ ruling has marked India's victory and has put Pakistan in a place where if it tries to defy the orders, it will stand exposed in front of the international community.

"It is victory for India, because we have succeeded on all counts and the international court has strongly rejected Pakistan's argument, saying that the order of the ICJ is commendatory and the binding upon Pakistan. Not only that but it has given a prohibitory order, saying that till the final disposal of the matter before the ICJ Pakistan shall endeavour that in no case Mr.Jadhav should be executed and also informed to the ICJ about the measures taken by Pakistan," said Nikam.

"Secondly so far as the councillor access is concerned it should be provided to Kulbhushan Jadhav . I think Pakistan will have no option, Pakistan has to implement this order and if Pakistan does not comply with its order, then naturally Pakistan will be exposed before entire world. This is a big victory for India because India asked for certain provisional measures and according to me the ICJ today has granted entire prayer of India and therefore now Pakistan cannot run away and the whole truth will come out," he added.

In a major reprieve to India, the ICJ, the primary judicial organ of the United Nations, has stayed the death sentence awarded to former Indian Naval officer and alleged Indian spy Kulbhushan Jadhav by the Pakistan military court, citing that both - India and Pakistan - were bound by the Vienna Convention and that the rights invoked by New Delhi under the Vienna Convention were plausible.

Justice Ronny Abraham of the ICJ read out the much-awaited verdict and asserted that the case was indeed debatable, while also adding that the ICJ had prime facie jurisdiction in the case.

Abraham added that under the Vienna Convention, India should have received consular access to seek justice for the former Indian Naval officer.

The only condition under which Jadhav now stands to face execution is if Pakistan does not comply with the ICJ's decision. India can then go to the Security Council, which may then decide upon measures to be taken to give effect to the judgement.

The UN charter entails that 'each member of the United Nations undertakes to comply with the decision of the International Court of Justice' and 'if any party to a case fails to perform the obligations, the other party may have recourse to the Security Council.'

A Pakistan military court had awarded the death sentence to former Indian naval officer Jadhav on April 10 for alleged "espionage and subversive activities."

However, India, after being denied consular access for 16th time, dragged Pakistan to the ICJ on May 8 for violating the Vienna Convention. (ANI)

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