It was a moment of relief and celebrations for India soon after the International Court of Justice (ICJ) in The Hague stayed the death sentence of ex-Indian Navy officer Kulbhushan Jadhav. A shocked Pakistan went in a state of denial and said ICJ does not have jurisdiction to pronounce the verdict. Pakistan’s Attorney General Ashtar Ausaf Ali said the ICJ’s decision on Thursday has not changed the status of Jadhav’s case in any manner and that Pakistan is “determined to pursue this case to its logical end”.
Shortly after the order, Prime Minister Narendra Modi spoke to External Affairs Minister Sushma Swaraj and expressed satisfaction at the ICJ order and thanked her and India’s Counsel Harish Salve’s efforts. Sushma in her tweets assured the nation that the Government will leave no stone unturned to save Jadhav.
Having won the round one in The Hague, India, on the other hand, did not show any interest in getting into a fresh round of verbal dual with Pakistan on this issue saying the matter is sub judice and that the order creates legally binding obligation.
“We have already demanded consular access that request stays. But now the matter is in ICJ,” Ministry of External Affairs Spokesperson Gopal Baglay said shortly after the ICJ order. He added that Thursday’s order is a matter of “great relief” for Indians and that the Government will do everything to save Jadhav. The Indian diplomats will now start preparing for the second stage of the case in ICJ, the dates of which are yet to be fixed.
Friday is the last day for Jadhav to file first appeal before Pakistani authorities against his death sentence awarded by military court. Baglay said in the absence of consular access India has no idea whether he has been able to exercise his rights.
There is also no word from Pakistan side on the petition filed by Jadhav’s mother in the Pakistan High Court, through the Indian High Commissioner in Islamabad.
Facing flak at home for losing out to India at The Hague, Pakistani authorities underlined the present order was only a provisional measure. “Pakistan attended the hearing out of its utmost respect for the Court and pursuant to the established jurisprudence that the challenge to jurisdiction can be made via appearance and not by abstaining from the process. In addition, Pakistan attended because of its conviction that the only way to resolve all outstanding issues is through peaceful means. We are confident that India would not be able to hide the subversive activities it is trying to carry out through its agents like Commander Jadhav. India has no substance in the case,” Pak Attorney General’s office said in a statement in Islamabad.
“As far as Pakistan is concerned, the Court’s decision today has not changed the status of Commander Jadhav’s case in any manner. In our submissions on May 15, we had assured the Court unambiguously that Commander Jadhav would be provided every opportunity and remedy available under the law to defend his case. Commander Jadhav still has ample time to petition for clemency. To recall, we had in our presentation on May 15, proposed to the court that a final hearing be held on the merits and maintainability of the case as early as possible. We are determined to pursue this case to its logical end,” the statement added.
“We are grateful to Harish Salve for presenting India’s case so effectively before ICJ. I assure the nation that under the leadership of Prime Minister Modi we will leave no stone unturned to save (him),” Sushma tweeted. She also lauded the efforts put by MEA officers in preparing the case. “I compliment my team of officers in the MEA for their tireless efforts and hard work,” she added.
Home Minister Rajnath Singh said the order has come as a great relief to the family of Jadhav and people of India. “The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India. The ICJ’s decision to stay the execution of Jadhav gives the people of India a deep sense of satisfaction and relief. The Sushma Swaraj has done a commendable job. The Government led by PM Narendra Modi will go to any extent to save Jadhav,” Rajnath Singh said
Finance Minister Arun Jaitley, who was in Srinagar for the GST Council meeting, complimented Salve for the order. “ICJ verdict endorses the relevance and necessity of procedural and substantive fairness which was denied by Pakistan,” Jaitley said on Twitter. “Well done! Harish Salve -- you have done India Proud,” Jaitley further tweeted, adding “Congratulations to EAM Sushma Swaraj ji and the entire Hague team.”
Other political parties too lauded the ICJ order. Senior Congress leader Ghulam Nabi Azad asked the Government to ensure justice is done to Jadhav and he is brought back to India. “The case against Kulbhushan Jadhav by Pakistan was a sham and was in gross violation of international law as his execution was ordered by a kangaroo court without consular access. It is appreciated that the World Court saw reason in the Indian appeal,” Azad said in a statement.
BJP president Amit Shah also welcomed the order and hailed the Modi Government for taking “quick and effective” action in the matter.