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Bajwa 'examining' Jadhav mercy plea

The Military Appellate Court has rejected Jadhav's mercy petition and Bajwa will decide on his appeal, filed last month, "on merit", ISPR, the media wing of Pakistan's Army, said in a statement

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Kulbhushan Jadhav
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A Pakistan military court has rejected Kulbhushan Jadhav's mercy petition and Army Chief Qamar Javed Bajwa is analysing "the evidence" against the former Indian naval officer, reports from Islamabad said on Sunday.

The Military Appellate Court has rejected Jadhav's mercy petition and Bajwa will decide on his appeal, filed last month, "on merit", ISPR, the media wing of Pakistan's Army, said in a statement.

Jadhav was sentenced to death in April for spying in Pakistan on behalf of India, a charge New Delhi has rubbished. India has also moved the International Court of Justice and obtained a stay on Jadhav's execution on grounds that procedures were not followed under international law and he did not get consular access.

The Hague-based court asked Pakistan in May to hold the execution till the case is conclusively heard, agreeing with India that Jadhav did not get consular access. Pakistan continues to deny consular access, prompting a strong reaction from India's Foreign Minister Sushma Swaraj a week ago.

The case at The Hague has become a rallying point in India, spurring calls for action to save Jadhav who was carrying out legal businesses when kidnapped and convicted by Pakistan in an unfair trial.

India has described as propaganda Pakistan's claims of evidence against Jadhav, saying his so-called confessions under duress have no meaning.

It's a rare contest by the two nuclear-armed rivals at the top UN legal body whose rulings are binding, but occasionally flouted.

The court directed Pakistan in May to inform the bench of all measures taken to ensure that the execution does not take place.

"Pakistan should not execute Jadhav pending final proceedings. The decision to stay Jadhav's execution pending ICJ hearing is unanimous," Judge Ronny Abraham, President of the Court, had said. Stating that the circumstances of Jadhav's arrest remains disputed, the court had also said, "India should have been granted consular access as per Vienna Convention."

Under Pakistan's law, Jadhav is eligible to appeal for clemency to the Army Chief. If his appeal is rejected, he can file another petition to Pakistan's President. Another mercy petition, filed by Jadhav's mother, is being examined by Pakistani authorities, reports said.

WHAT ICJ HAD SAID

Pakistan should not execute Jadhav pending final proceedings. The decision to stay Jadhav’s execution pending ICJ hearing is unanimous. India should have been granted consular access as per Vienna Convention.

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