Hope good sense prevails and Pakistan frees Jadhav: CPI

The International Court of Justice on Thursday ordered Pakistan not to execute an Indian naval officer convicted of espionage and terrorism, in a case that has further strained relations between the Asian neighbors.

The court asked Pakistan to take "all measures at its disposal" to ensure that Jadhav is not executed till a final decision is taken.

The ruling triggered criticism of the Pakistan Foreign Office for handling the case poorly, and also for its choice of UK-based Khawar Qureshi, who represented Pakistan's case before the ICJ.

India approached the worldwide court on May 8 against Pakistan, accusing it of violating the Vienna Convention as Islamabad had rejected 16 requests by New Delhi seeking consular access.

However, reacting on ICJ's order, Pakistan while challengig the authority of ICJ said that it cannot be a party to Pakistan's national security.

Jadhav was arrested in March 2016 in the southwestern province of Balochistan on charges of being an Indian spy and fueling unrest across the troubled province.

Jadhav reportedly joined India's prestigious National Defence Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991. While ICJ rejected the jurisdiction argument, Pakistani experts now believe that this was a "weak" and "damaging" claim, according to Dawn.

Shaiq Usmani, a retired judge of Pakistan's Supreme Court, told the media that Jadhav's case will go on in Pakistan until the ICJ gives it final decision.

Meanwhile, Pakistan said the ICJ's decision has not changed the status of Jadhav's case in any manner.

"The court reaffirms that its orders under provisional measures are binding and create a legal obligation", up countries that are signatories to the Vienna Convention. Faisal said Jadhav "confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan". Therefore the court was "satisfied" of the "urgency" of the case.

"Urging the United Nations and the the global community to understand the double game of Pakistan, Mengal said", Pakistan is a hub of terrorism as it is producing Islamic terrorism for the entire world. It has also helped India overcome its diffidence over moving worldwide fora when dealing with Pakistan for fear of internationalising Kashmir.

"Examining India's argument that is a risk of irreparable prejudice, it said, "...

At the ICJ, Pakistani lawyers argued that the world court had no jurisdiction in the matter that concerned Islamabad's "national interest". It said Pakistan's alleged failure to provide consular access to Jadhav appeared to be falling within the scope of the Vienna Convention.

Sarabjit Singh died in prison in Pakistan in 2013 after more than 20 years on death row.

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