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Indian Army successfully test fires Agni-II IRBM for the third time। Agni-II is nuclear capable। The firing on February 20 in full operational configuration। DAC clears proposals worth Rs 15,935 Cr (approx $2.2b) । The approval covers purchae of Rifles, Carbines and Light Machine Guns for the Army, Navy and Air Force । New weapons are required by the Indian Army’s for effective engagement of Pakistani infiltrations । Leading Pakistani human rights activist Asma Jahangir passes away । Globally respected for her liberal views, she was a strong pro-democracy activist । SpaceX Launches the World’s Most Powerful Rocket, and aboard it, Mr Musk’s electric red sports Car । “It’s kind of silly and fun, but silly and fun things are important,” he said Feb 6। Mr Elon Musk owns both SpaceX, the world’s biggest space company, as well as Tesla cars। SpaceX’s Falcon 9 rocket has ferried payload to Space Station but this time, rocket is turbocharged। For the first time, NASA was not involved in launching such a heavy rocket। Singapore Airshow Opens Feb 6 । Boeing, Lockheed Martin, Raytheon, Airbus, Sikorsky, and the global biggies are taking part । Honeywell Provides Fuel Made From Mustard Seeds For Trans-Pacific Flight । Russia views India as a Privileged Partner, says Rostec CEO Chemezov । US Carrier Carl Vinson to make first ever visit to Vietnam in March । Carl Vinson woll dock at Da Nang, apparently boosting bilateral military cooperation । Happy Republic Day to All Indians । Emirates signs agreement for up to 36 additional A380s । India successfully test fires 5000-Km A380s ICBM। Defexpo to be held April 11-15 in Tamil Nadu, India’s southern state। HAL receives RfP for 83 LCA Tejas from IAF। The new LCAs will have AESA combat Radar। IAF had announced the decision for new LCAs sometime back। INS Kalvari commissioned into Indian Navy December 14। Prime Minister Modi ceremonially inducted the Scorpene class boat in Mumbai। Built by state-run MDL with French collaboration, Kalvari is the first submarine inducted after 2000। Modi described the Kalvari as a fine example of Make in India। Five more Kalvari Class submarines are to be commissioned over the next couple of years।
February 21, 2018
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India wins reprieve for Jadhav at the ICJ: Pakistan must stay his killing

By Nilova Roy Chaudhury May 2017
 

ICJ-UN

New Delhi. India won recognition of its position and a stay of execution for Kulbhushan Jadhav at the International Court of Justice (ICJ) on Thursday, May 18, achieving the immediate objective for which it had approached the UN’s highest court.

Former Indian navy officer Jadhav has been in captivity in Pakistan since March 2016, after he was abducted while on a visit to Iran. He was subsequently branded as an Indian spy and charged with terrorism and waging war against Pakistan, tried by a military court and sentenced to death. The sentence, pronounced by a military court on April 10, and upheld by the Pakistan army chief General Qamar Javed Bajwa, came as a huge shock to the Indian establishment which has no idea about the man’s whereabouts. India has repeatedly sought (a total of 16 times since he was taken prisoner in March 2016) consular access to Jadhav, but has repeatedly been turned down by Pakistan.

The Jadhav case and the need for India to approach the ICJ, thereby internationalising the matter, is clear indication of the “very sorry state” of India Pakistan relations, a senior official told India Strategic. It also points to a “deep divide” between the Pakistan military and civilian establishments.

The refusal to grant consular access to Jadhav and the secrecy with which the trial was conducted, without allowing him proper legal representation, followed by the sentence of death, forced New Delhi to approach the ICJ, on May 8, seeking a stay of execution.

India sought the ICJ’s intervention to stay the Pakistani military court’s order of execution, resulting from what India termed a “farcical” process. India said it apprehended an immediate threat to the life of Jadhav, an Indian national, and sought the ICJ’s intervention, citing Pakistan’s contravention of the Vienna Conventions on Consular access. The ICJ held its hearing on Monday, May 15, when both India and Pakistan made their submissions to the court.

Pakistan said the ICJ had no jurisdiction in the case and the Vienna Conventions did not apply in Jadhav’s case, as he had confessed to being a spy and indulging in terrorist acts.

In a unanimous verdict, the 11-member bench of the ICJ clearly outlined provisional measures enjoining Pakistan to take all steps needed to ensure that Jadhav was not executed pending adjudication of the matter. The court also observed that it had jurisdiction in this case, as both India and Pakistan were members of the United Nations and had signed the Vienna Conventions.

Pakistan would also need to inform the court about the steps it takes to implement the order, which the ICJ head judge Ronny Abraham clearly stated are binding and create international legal obligations for the country to which they are addressed.

“Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings and shall inform the Court of all the measures taken in implementation of the present Order,” the judgement stated, accepting India’s plea, and “Unanimously, decides that until it has given its final decision, it shall remain seized of the matters which form the subject-matter of this Order.”

The verdict, although a huge relief for India, will not allow immediate consular access to Jadhav. While accepting India’s contention, the ICJ also said Pakistan had illegally withheld consular access to him, but consular access is not what India sought in its plea, which was limited to seeking an immediate stay of the impending execution. Lack of consular access to an Indian citizen was cited by India to bolster its case.

The Vienna Convention has provisions for consular access to accused even in cases of terror and espionage, the court said.

Delivering the interim order on India’s plea, the highest UN court rejected Pakistan’s contention that it lacked jurisdiction in the case and held that India had a “plausible” right to access to Jadhav.

The earliest he could have been executed was May 19, (40 days after the sentence of death was pronounced), which is why India pleaded urgency. However, the ICJ order now compels Pakistan to wait for the verdict after the full hearing, which could take several years.

Calling the order a “great relief,” MEA spokesman Gopal Baglay said the “ICJ has delivered a unanimous, favourable, clear and unambiguous order for India’s request for provisional measures.”

While Pakistan’s foreign office has sought to downplay the international impact of this verdict, Baglay specified, “This order creates legally binding international obligations. We hope the verdict will end the egregious violation of Jadhav’s rights,” Baglay added.

Thursday’s verdict may have brought Jadhav an immediate reprieve from execution, but India’s MEA and top legal luminaries like Harish Salve, who argued India’s case at the ICJ, have a very long and winding road ahead before (and indeed, if) the former Indian Navy officer can return to his homeland.

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