Pakistan's plea to rehear Kulbhushan case is 'misconceived': MoS Law

The Union Minister of State for Law and Justice, P.P. Choudhary on Saturday said that Pakistan has already put forward their argument on the matter of jurisdiction in front of the International Court of Justice (ICJ) in connection with the former Indian Naval officer Kulbhushan Jadhav, adding that filing a review petition on the same is 'misconceived'.

"As far as the matter of jurisdiction is concerned, Pakistan put forward that thing very well in its argument in front of ICJ. Pakistan has stated everything earlier, if it will put this plea to review the matter, then I think it is misconceived and their dream is unattainable," Choudhary told ANI.

 

Choudhary asserted the decision to file a plea is just a futile effort of Islamabad, which will never be entertained by the International Court of Justice.

"I think ample amount of time was given in this case and the entire matter has been heard and it is not that Pakistan has not argued on this issue. In spite of everything if Pakistan is again filling plea on the ground of jurisdiction then it is of no use," he said.'

Earlier on Friday, a day after the ICJ stayed the death sentence awarded to Jadhav by the Pakistan military court, Islamabad filed a plea in Hague to rehear the case within six weeks.

"Pakistan was set to re-challenge the jurisdiction of the International Court of Justice after it granted injunction on Thursday on an Indian plea to stay Jadhav's execution," said Dunya News.

Earlier in a major reprieve to India, the primary judicial organ of the United Nations cited that both - India and Pakistan - were bound by the Vienna Convention and that the rights invoked by New Delhi under the Vienna Convention were plausible.

Justice Ronny Abraham of the ICJ said that the case was indeed debatable, while also adding that the ICJ had prime facie jurisdiction in the case.

Abraham added that under the Vienna Convention, India should have received consular access to seek justice for the former Indian Naval officer.

A military court awarded death sentence to Jadhav on April 10 on spying and terrorism charges. According to law, he can make a clemency appeal to the Chief of the Pakistan Army within 60 days of the verdict of the appellate court.