Kulbhushan Jadhav

Kulbhushan JadhavNew Delhi, May 18 (News India)- As the International Court of Justice at The Hague on Thursday stayed the execution of Indian national Kulbhushan Jadhav in Pakistan, Attorney General Mukul Rohatgi expressed the hope that Pakistan could be forced to conduct a re-trial in a proper and fair allowing him to have legal assistance.
“I think it’s a big victory for India and a big day for human rights. It’s a big relief to India andJadhav’s family. After this order of the International Court of Justice, he can’t be executed during pendency of India’s case at the ICJ,” said the Attorney General.
Rohatgi said now it was clear that Pakistan had put up a charade of a trial. “The fact remains that Pakistan is not willing to give consular access to India to meet Jadhav.”
The top law officer, however, said: “Today’s order is only a provisional measure. It’s only the first stage. Even on the issue of jurisdiction the finding is a prima facie finding. Pakistan still maintains that the ICJ does not have jurisdiction in the matter.
“Now that we have ensured that Jadhav is not executed during the pendency of the matter at the ICJ, we need to prepare for the next step when our case will be taken up and decided on merits,” Rohatgi said.
Asked what could be the best case scenario for India at the ICJ, the Attorney General said: “One way could be a retrial in regular court with proper legal assistance and consular access being made available to Jadhav. Such trial should be open to public.
“The second and the best case scenario for us could be that the ICJ says Jadhav should be repatriated to India,” Rohatgi said.
Terming it the “grandest victory of India”, Additional Solicitor General Pinky Anand said “The international adjudication process does not leave any scope for Pakistan to avoid compliance of the order which is binding in nature.” She said the ICJ did not find Pakistan’s claims about Jadhav credible.

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