ISLAMABAD – Pakistan will present three names on Thursday (today) to appoint its ad hoc judge at the International Court of Justice’s panel (ICJ) which is hearing a petition filed by India against the death sentence to Indian spy Kulbhushan Jadhav awarded by a military court in Pakistan.
An Indian judge, Dalveer Bhandari, is the member of the 12-member tribunal that ordered Pakistan to stay the execution of Jadhav.
According to Article 31 of the ICJ’s statute, if the panel includes “a judge of the nationality of one of the parties, (the other) party may choose a person to sit as judge”. An ad hoc judge can also be chosen if the panel includes “no judge of the nationality of the parties”.
The International Court of Justice in its May 18th verdict stayed the execution of RAW agent Kulbhushan Jadhav and directed Pakistan to provide consular access to him.
“Pakistan shall take necessary measures to ensure that Jadhav is not executed until the final decision in these proceedings and shall inform the court all the measures taken in implementation of the court’s order,” the order stated.
“India has the right to seek consular access for Jadhav,” it added.
The order was pronounced by Judge Ronny Abraham, President of the Court who noted that the case of Jadhav came under its jurisdiction over Vienna Convention thus refuting Pakistan’s request, challenging its domain.
Pakistan’s Request to Accelerate Proceedings
Pakistan has requested the International Court of Justice (ICJ) to accelerate the hearing of the RAW agent Kulbhushan Jadhav.
The Ministry of Foreign Affairs dispatched a letter to the ICJ’s registrar, expressing Pakistan’s desire for a quick hearing, preferably over the next few weeks.
Sources privy to the developments said that the request for early hearing was made citing the upcoming elections for ICJ judges, scheduled to be held in November.
A senior official of law ministry on the condition of anonymity opined that the ICJ might resume the hearing of the case in October.
“The government (however) wants the hearing (to be held in the) next six weeks,” he said, last month.
Kulbhushan Jadhav was arrested from Balochistan last year on March 3. The Pakistan Military Court sentenced him to death, alleging that he was working as a spy for intelligence agency Research and Analysis Wing (RAW).
Following Kulbhushan’s death sentence, Pakistan also nabbed a few of his accomplices in a bid to unearth the terror network wrecking havoc in the country.