New Delhi: As the International Court of Justice on Thursday ordered Pakistan to take all measures to ensure that Kulbhushan Jadhav is not executed till the final decision of the court, experts told News18 that the only way India can save Jadhav is "to stretch the case at the ICJ as long as possible."
Shashank Kumar, a Geneva-based public international lawyer who has also previously served as a law-clerk at the ICJ, told News18 that it would be in the best interest for India if it "stretches the case at the ICJ as long as possible."
"Now that the easy part of the case is over, the Court will consider many of these issues in greater detail. Importantly, a reversal of Jadhav's conviction and sentence and his subsequent release — the relief requested by India — is far from a foregone conclusion, as the ICJ may simply require Pakistan, as it has in the past cases of this kind, to "review and reconsider". Jadhav's case by means of its own choosing, taking into account the violation of the Vienna Convention on Consular Relations rights. Pakistan could presumably carry out such review and reconsideration under its domestic legal system. At this stage, therefore, it would probably be in India's interest to stretch the case at the ICJ as long as possible, as this would at least ensure that Jadhav is not be executed by Pakistan while the case is pending before the Court," said the legal expert.
Shashank added that substantively, India’s ultimate request is that the ICJ sets aside or reverses Jadhav's conviction and orders his release.
Ashok Behuria from the Institute for Defence Studies and Analyses agreed with his opinion.
"Placing trust on Pakistanis has to be looked at carefully. We are still uncertain whether Pakistan will abide by the jurisdiction," said Behuria, adding that the fact that Jadhav’s time for clemency is up tomorrow, India should be wary of how Pakistan moves on the 41st day after the conviction.
"I think 40 days are over and the time to appeal is over. But if they want they can accept the time. The FGCM court can extend the time if they want," he added.Procedure ahead
Pakistan's stand
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