ISLAMABAD: Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz rejected on Saturday the criticism at home over adverse International Court of Justice (ICJ) ruling in the Kulbhushan Jadhav case as unfounded and said the domestic laws would prevail in the matter.
The adviser was speaking at a media briefing arranged to respond to the growing criticism of the government’s inept handling of the case at ICJ, which had been petitioned by India over Pakistan’s refusal to grant consular access to the convicted spy. He had been sentenced to death in April by a military tribunal for his involvement in terrorism and espionage.
“The ICJ cannot supersede domestic laws. If someone is awarded the death penalty under our laws, they can’t invalidate it,” he maintained and vowed to proceed in the case according to the law of the land.
The ICJ had on Thursday through a unanimous verdict restrained the Pakistan government from executing Jadhav till its final decision in the case and sought a report on measures taken for the implementation of the order.
####Foreign affairs adviser defends performance of lead counsel during ICJ hearing
Mr Aziz said the ICJ gave no directives on allowing consular access to India.
He said Pakistan’s case with respect to the court’s jurisdiction and the merits of the case was very strong.
The ICJ had in its order indicating provisional measures dismissed Pakistan’s arguments related to reservations about the court’s jurisdiction, maintainability of petition and urgency of the matter.
The adviser said the government would strengthen the legal team that would appear before the world court when the hearing in the case resumed. He, however, did not indicate if the government would replace the lead counsel Khawar Qureshi, who is being accused of a lacklustre performance at the hearing for ‘provisional measures’.
Mr Aziz recalled that Mr Qureshi was a well-known lawyer, who had previously successfully pleaded Pakistan’s case in the Hyderabad fund case. In June 2016, Pakistan scored a legal victory in London with the British High Court ruling in its favour in a case concerning the ownership of £35 million funds claimed by Pakistan, India and various offspring of the 7th Nizam of Hyderabad.
Mr Aziz made it clear that the decision to send the lawyer to represent Pakistan in the Jadhav case, he said, was taken unanimously by all stakeholders in the country.
He said the ICJ took a favourable view of the Indian plea because New Delhi gave the impression that the execution was imminent. Furthermore, he said, the Europeans were staunchly opposed to the death penalty.
Foreign Secretary Tehmina Janjua noted that Jadhav’s mother had sent petitions against his death penalty and they were being considered.
The adviser also dismissed reports that Indian businessman Sajjan Jindal had visited Pakistan last month to seek reprieve for Jadhav. He, however, confirmed that the Foreign Office had not been briefed about Jindal’s meeting with PM Sharif because it was a private meeting.
Interior Minister Chaudhry Nisar Ali Khan, addressing a passing-out parade of the Frontier Corps at Warsak, said it was India which had approached the ICJ and the government would deal the case according to the law of the land, adds APP.
Published in Dawn, May 21st, 2017
