By Prof K Nageshwar | THE HANS INDIA |
May 19,2017 , 03:43 AM IST
The International Court of Justice (ICJ) order not to execute alleged spy Kulbushan Jadhav pending its final decision comes as a major diplomatic win for India and a massive blow to the sinister designs of Pakistan.
Pakistan has been violating the Vienna Convention by denying consular access to Jadhav and pronouncing him guilty of espionage in a farcical military trial. Unless the right of effective defence is exercised the proceeding doesn't inspire the confidence of fairness. Consular access is a part of that right to effective defence.
Pakistan’s argument that Jadhav is a spy and therefore his case does not come under Vienna convention now stands rejected. Pakistan’s integrity is seriously in question exposing the hypocrisy of our hostile neighbour. This order creates legally binding international obligation. But, Pakistan is still defiant when its Attorney General claims that ICJ order is not binding on it. India should continue to exert international diplomatic pressure to further isolate and expose Islamabad.
The case also reveals the contrast between a civilised State like India and a flawed and failed State like Pakistan. While Pakistan refused to accept its own national Ajmal Kasab, India defended its national in the highest court of the world.
The ICJ ordered Pakistan to take all the provisional measures not to execute Jadhav. Pakistan Attorney General Ashtar Ausaf Ali's office said the interim order had "no bearing, whatsoever, on the final decision" of the ICJ. Pakistan claims that the provisional measures are without prejudice to the final determination of the merits and jurisdiction of the case.
But, the ICJ order gives enough hope for India that the court would finally hold Pakistan of violating international law and convention on civil and political rights.
Pakistan military establishment continues to claim that the case does not come under the jurisdiction of International court. This shows that a long road is ahead for India before the final justice is ensured.
However, the court order certainly comes as a shot in the arm for Indian diplomatic initiative to isolate Islamabad in every international forum. The Jadhav’s case is only a symptom of a larger malaise. There are many alleged to be Indian spies lodged in Pakistan jails. India hopes that the Jadhav’s case would form a precedent to seek justice to others.
The world should realise that the bogie of Indian spies operating in Pakistan is aimed at averting international attention from the cross border terrorism Islamabad is indulging in. Pakistan would continue to put out many such concocted statement and evidence to defend itself especially in such an hour of humiliation.
Pakistan says that Jadhav was arrested in Balochistan on charges of spying, sabotage and terrorism. It wants to tell the world through Jadhav’s execution that India is interfering in its internal affairs, especially Balochistan. It’s a ploy to divert the attention of the international community from the crimes it is committing on Indian soil especially by exporting terror to India.