The International Court of Justice (ICJ) is expected to give its verdict in the case of Kulbhushan Jadhav after India approached with its demand that the death sentence of the naval officer of the Indian Navy should be suspended at the earliest. The death penalty is pronounced by a Pakistan military court. On the other hand, the lawyers from Pakistan have argued that the Pakistan court should not permit bail to Jadhav.
A few days ago, both the countries, India and Pakistan argued over the case of Jadhav. Moreover, New Delhi also demanded that the death sentence of the former Indian naval officer be suspended immediately. Islamabad strongly opposed this application from New Delhi and termed it misconceived.
The ICJ or the International Court of Justice is the judicial body of the United Nations which aims to deliver justice in the case of Jadhav. However, according to some Pakistani lawyers, the court should not permit bail to Jadhav as there is a complete absence of urgency in the case of execution and moreover, the date of the execution has still not been fixed.
India invoked the jurisdiction of the court under the VCCR Optional Protocol. India and Pakistan are both active members of this VCCR committee. Also, article 1 of this board clearly states that disputes that arise from the application of the VCCR policies should lie within the concerns of the International Court of Justice. On the flipside, the Indian government has also asked for temporary measures to make sure that Jadhav is not executed before the deliverance of verdict by the ICJ.
On the contrary, Pakistan continues to derail the case with its arguments. Pakistan argued that there is no urgency in this case. Moreover, the authorities from Pakistan have also said that the provisional measures that have been sought by India are unnecessary and have no relevance as the date of execution of Jadhav has still not been fixed. It is also of the opinion that the Court could deliver its verdict within six weeks. Moreover, law officials from across the border were also of the view that Jadhav would not be executed till 150 days as he has every right to seek clemency as per the domestic law of Pakistan.
In the context of urgency, it can be said that the date for execution has not been fixed because that would allow the court from indicating measures. On the other hand, the second argument put forward by Pakistan lays stress on the fact that the temporary measures cannot be ordered and the reversal of the conviction of Jadhav is unavailable.
On the other hand, India has also applied for relief in the form of restitution that usually translates to the fact that the conditions should be restored to the original state. Moreover, the application put forward by India requests that the conviction of Jadhav be set aside and released.