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Kulbhushan Jadhav case: Pakistan feels it's 'at a disadvantage', a senior government official tells Express Tribune

13 May, 2017 6:31 AM
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NEW DELHI: Pakistan is likely to tell the International Court of Justice (ICJ) that it has no jurisdiction over the case of Indian national Kulbhushan Jadhav whom its military court has put on death row, say Pakistani media reports.

Islamabad also feels it's "clearly at a disadvantage" in the case because the ICJ has scheduled hearings in the case as early as starting May 15.

Pakistan is "clearly at a disadvantage because of the paucity of time, logistical support and finding legal expertise", a senior government official told The Express Tribune.

An expert on international law told Dawn newspaper that Pakistan could raise the issue of jurisdiction by citing a case to do with India shooting down a Pakistani navy plane in 1999.

Pakistan took the case to the ICJ. India said the ICJ has no jurisdiction to hear cases related to disputes between Commonwealth countries. India cited an exemption it filed in 1974 to exclude such disputes. A year later, a 16-judge ICJ bench agreed it has no jurisdiction.

However, an eminent Pakistani jurist Ali Nawaz Chohan told Dawn that the ICJ could assume its jurisdiction on the Jadhav case - despite India and Pakistan being Commonwealth countries - if the matter raised is a human right issue. Chohan served as an ICJ judge from 2005-2009.

In fact, India cited such an issue to the ICJ. India said Pakistan had violated the Vienna Convention on Consular Relations 1963 by not giving Jadhav access to the Indian consul.

Separately, sources told DunyaNews that Pakistan will tell the international court it has no jurisdiction over cases involving Pakistan's national stability.

Also read: Sugar import from Pakistan miniscule as compared to total production, government clarifies


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