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Pakistan to form new team of lawyers in Jadhav case: Aziz

19 May 2017

On Friday, opposition leader Khursheed Shah said that the government should have sent the attorney-general to contest Pakistan's case in the International Court of Justice (ICJ).

The other option, he said, was to demand for an annulment of the death sentence.

He said he has always tried to spread messages through his sand sculpture around the world.

According to law, Jadhav can challenge till the end of Saturday his death sentence in an appellate court.

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Bhandari mentioned the role of the 2008 India-Pakistan Agreement on Consular Access.

Pakistan says Jadhav, 46, was arrested in March a year ago in the restive Balochistan province. However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Navy.

Pakistan, however, rejected the plea on the ground that India had no right to invoke the jurisdiction of the UN's highest court because the Vienna Convention does not provide for matters relating to spies, terrorists and those who indulge in espionage.

India moved the ICJ citing imminent danger to Jadhav's life, after Pakistan didn't respond to 16 requests for consular access to the prisoner. On this basis, the court concluded that "it has prima facie jurisdiction under Article I of the Optional Protocol".

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Islamabad also asked the court to reject India's plea for provisional measure in the case. The top Court told Pakistan to take all possible measures to ensure that Jadhav is not executed before the International Court gives its final verdict.

Judge Ronny Abraham, President of the court, will read the decision, it said.

Former Additional Attorney General Tariq Khokhar, an expert in worldwide law, regretted that Pakistan had accepted ICJ jurisdiction through a declaration, which should have been withdrawn once Pakistan knew that India would invoke the ICJ's jurisdiction against it.

India may succeed in persuading the Council to save Jadhav from a certain gallows, if China among the five permanent members has no right to veto in favour of Pakistan, its ally.

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Foreign Office Spokesman Nafees Zakaria said the decision to challenge the ICJ's jurisdiction was taken after consultation with all government institutions and agencies.