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Kulbhushan Jadhav case: Will Pakistan mend ways or squander opportunity, asks Arun Jaitley

Jaitley says the ICJ judgment puts Pakistan under a global gaze as to what direction it will follow

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Arun Jaitley
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Writing a blog after a long lull on Thursday, former union minister Arun Jaitley took on Pakistan for resorting to the subversion of well-accepted international and diplomatic norms in Kulbhushan Jadhav's case in the light of the judgment given by the International Court of Justice (ICJ).

Highlighting the key portions of ICJ's judgment proving a comprehensive victory for India and Pakistan's "conclusive" defeat, Jaitley said, "Its farcical processes through which the innocent are held guilty, stand exposed. The ICJ has given Pakistan an opportunity to comply with the rule of law and reform its processes. Will Pakistan use this opportunity or will they squander it?"

Jaitley said the ICJ judgment puts Pakistan under a global gaze as to what direction it will follow.

Deducing from the ICJ's verdict Jaitley argued that Pakistan cannot again find recourse with the court in Jadhav's case.

He said an onerous responsibility has been cast by the ICJ on Pakistan to ensure that the review and reconsideration have to be extremely broad ensuring that it takes into consideration all relevant grounds stated above by the ICJ.

"Obviously, where consular access is not granted and confessions made in custody are considered the most important piece of evidence before a military court, judgment delivered by such courts in the face of the facts and law does not meet the requirements laid down by the ICJ. The nature of the judicial authority which will go into the question of review and reconsideration cannot be the military court," said Jaitley extrapolating that this is why the ICJ suggests the creation of a new forum, if necessary, by a legislation.

In the strongly-worded blog, Jaitley said, "Consular access is an extension of the principles of natural justice and fair play. An accused held in custody or detention in a foreign country has to be immediately informed that he has a right to seek consular access. The country to which the accused belongs has to be immediately informed that their national is in custody and, upon request, consular access has to be mandatorily provided."

Jaitley said the judgment had "strongly supported and upheld India's case on most issues", even as the Vienna Convention bound both India and Pakistan to provide consular access. "The ICJ has rightly held that each one of these prerequisites was violated by Pakistan and, therefore, a conviction based on a violation of such basic human rights cannot be allowed to be executed."

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