Lot more to come: Defence experts on Jadhav's execution stay

| Updated: May 11, 2017 10:20 IST

New Delhi [India], May 11 (ANI): In the wake of the International Court of Justice (ICJ) putting a stay on the death sentence given by Pakistan to alleged Indian spy Kulbhushan Jadhav and hearings commencing on the matter on May 15, defence experts in India have suggested that there was a lot more to come and the nation should be prepared for the future actions. "They have taken the decision on the basis of our complaint. Now, they are also holding the hearing 15th onwards. So, that's a positive step and development. But, we should not start celebrating, because there is a lot more to come. And knowing Pakistan, that it is always in the denial mode, we have to be prepared for the future actions now that the ICJ has intervened and the things will improve. It's just a breather to us. For the time being, the matter has been deferred," defence expert Amrit Kapoor told ANI. Another defence expert Uday Bhaskar explained how important it was to move the ICJ for a decision on Jadhav's execution, inconsideration of the fact that Pakistan has turned down 16 requests from India for consular access to Jadhav. "Pakistan has denied consular access to Jadhav, who is an Indian citizen. So, as per the Vienna protocol, India has taken recourse to one of the legal options that are available because both India and Pakistan are signatory to this additional protocol of the Vienna convention. Now, it is a very important clause there. Parties that are signatories to this additional protocol have an obligation to abide by certain conventions and norms and one of them is to provide the consular access. There have been cases in the past. This particular 36 C, which is about the human rights of any citizen, is something that must be acknowledged," Bhaskar told ANI. The stay on the death sentence came after India instituted proceedings against Pakistan, accusing the latter of "egregious violations of the Vienna Convention on Consular Relations" in the matter of detention and trial of Jadhav, and sought a stay on his death sentence. India on Monday contended that it was not informed of Jadhav's detention until long after his arrest and that Pakistan failed to inform the accused of his rights, an official release from the ICJ said. India further said that, in violation of the Vienna Convention, the authorities of Pakistan were denying it its right of consular access to Jadhav, despite its repeated requests. It's also pointed out that India learned about the "death sentence against Jadhav from a press release." India submitted that it had information that Jadhav was "kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan" on March 3, 2016, and that the Indian authorities were notified of that arrest on March 25, 2016. India also asked the ICJ to declare the decision illegal being violative of international law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith, if Pakistan is unable to annul the decision. Pakistan had claimed that Jadhav was arrested from the Baluchistan province last year. A military court sentenced him to death, alleging he was involved in espionage and anti-national activities. Pakistan also claimed that he was "a serving officer in the Indian Navy." This led to an outrage in India and other countries, which criticised Pakistan for sentencing Jadhav to death with formally informing New Delhi. India outrightly denied the claims, saying Jadhav was kidnapped from Iran where he was running a business, and adding he was a retired Navy officer. (ANI)

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