The move by the International Court of Justice to stay Kulbhushan Jadhav’s execution is a reminder of the Court’s competency to resolve disputes between nations under the purview of international law (“ICJ stays Jadhav execution”, May 19). However, Pakistan’s discomfort and discontent with the verdict raises fears about Jadhav’s life. There is also the danger now of the Kashmir issue being internationalised even though it is a bilateral issue. We need to pursue a bilateral dialogue.
B. Prabha,
Varkala, Kerala
While the ICJ’s provisional orders have come as a great relief, Pakistan’s intransigence in refusing to submit itself to the court’s jurisdiction is likely to complicate the issue further. It is difficult to predict how the military establishment is going to react to the interim ruling, which even though binding is difficult to effectively enforce. Even assuming that the ICJ in its final order nullifies the verdict of the military court on multiple grounds including the denial of consular access in violation of the Vienna Convention, it is not clear whether the court can order his release or retrial by affording consular access and a reasonable opportunity to defend himself. The legal battle is going to be a protracted one. With saving Jadhav’s life being the sole objective, the government of India must explore alternative solutions, including backchannel diplomacy and prisoner swap.
S.K. Choudhury,
Bengaluru
The verdict should an eye opener to Pakistan as it chosen to shot out the principles of natural justice . It is a victory for India over the actions of a hostile neighbour. Mr Jadav must be provided consular access immediately to prove his innocence before a civil court since the verdict of a kangaroo court holds no water in a civil and democratic society.
D. Manohara Rao,
Visakhapatnam
India’s decision to move the ICJ on the Jadhav case drew many sceptics to conclude that this could be a move to turn a bilateral issue into a multilateral one. India has long remained a victim of defeatism on foreign policy and it required a bold step by the Indian government to remove the mental cobwebs.
Through the ICJ appeal and verdict in its favour, India has managed to turn the international spotlight on the Jadhav case which could prevent Pakistan from carrying out any execution in darkness or under the cloak of silence. The sequence of events will force Pakistan to follow international laws and guidelines, which it may otherwise have flouted with impunity. The move to take the Jadhav case to the ICJ, therefore, may be read as a significant turning point in India’s foreign policy.
R. Sivakumar,
Chennai
The euphoria over the verdict appears to be misplaced as the safety of the condemned prisoner can hardly be guaranteed as Pakistan has been acknowledged to be a rogue state that attaches no significance to such verdicts. One only has only to revisit the Sarabjit case where he was all set to be released and handed over to India but was brutally killed in an “attack on him in by his jail mates. In Jadhav’s case there is no concrete evidence that he is alive nor is there an assurance either that the ICJ verdict will be followed in letter and spirit. Though the court has established its jurisdiction in the matter, Pakistan has not acknowledge the fact, a factor that should be unnerving as Pakistan might not take cognisance of the stay order. Only a full and final acquittal and the handing over of Kulbushan Jadhav, unharmed, can make us rest easy and give us a reason to rejoice.
C.V. Aravind,
Bengaluru
It is is important to note that the ICJ’s order is a limited interim order. India took the bold decision of going to the ICJ after weighing the pros and cons — disregarding concerns that Pakistan could reciprocate in kind by internationalising every dispute between the two countries. This ‘victory’ should not waterproof India against the harsh reality that even if Jadhav escapes the noose, he could spend his lifetime in prison; Pakistan’s prisons are notorious for their rough treatment of Indians.
J.S. Acharya,
ShellCove, NSW, Australia
Though the first round has been won by India, it would be prudent for New Delhi to downplay the verdict rather than focus on painting Pakistan as the devil in the world’s eyes. This would make it easier for the Pakistan government to see reason and follow both the process and tenets of justice as laid down by the ICJ. Consular access to Jadhav is the first step towards it. While the ICJ’s view on the matter has come as a respite for the beleaguered Jadhav, he is still not out of the woods. India’s continuous endeavours should be to provide him with all means to prove his innocence. The matter must not be hyped as victory and defeat for the countries involved. It goes beyond this. It is a matter of life and death.
Vijai Pant,
Hempur, Uttarakhand
As usual, led by noisy sections of the media, we are going overboard with our reaction to the verdict. Next, it will be the turn of the government which will hail it as yet another “surgical strike”. There seems to be no appreciation of the fact that this is only a temporary reprieve and that we have a long way to go before we can save Jadhav. At the moment, we should only be quietly welcoming the development and conserve all our energy for the all-important next course.
M. Balakrishnan,
Bengaluru
