Attorney-General of India Mukul Rohatgi on Thursday described the International Court of Justice’s stay on execution of retired naval officer Kulbhushan Jadhav as a “big win for India and human rights”.
Mr. Rohatgi, speaking to the media, said Mr. Jadhav does not risk death penalty as the World Court would hear the case decisively on merits and reach a final decision.
No consular access
The government’s topmost law officer said the International Court of Justice assumed jurisdiction after being prima facie satisfied that India’s case about the lack of proper notification of Mr. Jadhav’s arrest and denial of consular access to the detainee proved that the case came under Article 36 of the Vienna Convention on Consular Relations.
The ICJ unanimously and clearly overcame the obstacle of the 2008 bilateral agreement raised by Pakistan to challenge India’s case in the ICJ and the World Court’s jurisdiction by invoking Article 36 of the Convention and how a human life was put at stake by denial of consular access.
One of the judges on the Bench, Judge Caccado Trindade called the order as a move towards the “humanisation of international law”.
Lives at risk
In his concurring opinion, Judge Trindade points to how though only states approach the World Court, these states move the ICJ because individual rights and probably lives are at stake.
The Attorney-General said the whole world knew there was no proper trial before the military court pronounced the death sentence for Mr. Jadhav.
The order comes as a big relief not only for Mr. Jadhav’s family but also the whole nation.
Mr. Rohatgi said the order was binding on both India and Pakistan.
