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Politics & Governance

UN Court Stayed Kulbhushan Jadhav Death Sentence, Sent A Letter To Nawaz Sharif

NEW DELHI : The International Court of Justice, ICJ, in Hague has stayed the death sentence given by Pakistani Military Court (FGMC) to Kulbhushan Jadhav. The UN court at the Hague has sent a letter to Pakistani Prime Minister Nawaz Sharif to put an embargo on the previous order as India had accused Pakistan to violating the norms of Vienna Convention. 

India Calls It ‘Premeditated Murder’
The Indian government has repeatedly rejected the charges on Jadhav and has also questioned his arrest. In the wake of this death sentence, India summoned the Pakistani High Commissioner in New Delhi, Abdul Basit, and issued a demarche, condemning the act as ‘farcical’. The demarche also stated: “If this sentence against an Indian citizen, awarded without observing basic norms of law and justice, is carried out, the government and people of India will regard it as a case of premeditated murder.”
India has always maintained that Jadhav was kidnapped from Iran and had no link with Balochistan separatists (which Pakistan accused Jadhav of). Islamabad also repeatedly rejected India’s request to have access to Jadhav, who had allegedly possessed an Iranian residency permit and a passport in the name of Hussain Mubarak Patel. Apparently, the address given in the passport was that of Sangli, Maharashtra.
Some senior Pakistani journalists and leaders have also come to know that the Indian national was allegedly framed by the Pakistani army. They are also of the opinion that he hasn’t been given sufficient chances to defend himself.
The human rights watchdog Amnesty International has also condemned the death sentence given to Jadhav. It has stated: “Under Pakistan’s military courts, no information about the charges or evidence against suspects is made public.”
On the other hand, Pakistan’s defence minister, Khawaja Asif, has said that the death sentence should serve as a ‘warning’ to those ‘plotting against‘ Pakistan.
Pakistan’s Hurry Is Suspicious
In 2013, Indian national Sarabjit Singh, who was also sentenced to death for similar charges, was killed inside Lahore’s Lakhpat Jail in a cold-blooded attack by jail inmates.
Six months after India’s ‘surgical strike’, Pakistan again proved that no number of diplomatic talks can release the tension between the two countries. In the current scenario, bilateral talks between India and Pakistan seem to be a dream rather than a reality.
Pakistan has been continuously accusing India for fuelling violence in Balochistan without evidence. Moreover, despite the fact that India had submitted dossiers on the Pathankot and Uri attacks, which apparently contained sufficient evidence of Pakistani involvement in the attacks, Pakistan was unmoved and remained inactive for months.
Now this impulsive action by Pakistan’s army court may well worsen the diplomatic relations between the two nations.
Options before Kulbhushan Jadhav
According to the existing laws in Pakistan, the military court convicts are not eligible to appeal in the civilian court. But there are two options available to Jadhav. (Source- Indiatoday.in)
– Pakistan Army Act 1952 gives right to a convict to appeal in the Military Appellate Tribunal. – The second option is to appeal for a ‘review’ in the FGCM court. 

By TIS Staffer
the authorBy TIS Staffer

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