Khulbhushan Sudhir Yadhav

(Shah Nawaz Bokhari, Rawalpindi)

Case Law

International Court of Justice has been announced decision in Khulbhushan yadhav case. The ICJ is an advisory Court .They cannot execute any sentence through force. But there decision has been given respect by all the states. The international Court of Justice has been given advisory note partly in favour of India and partly in favour of Pakistan. There are three things which are discussed in entire case, the right of abuses, passport, jurisdiction slightly role of ISI and Raw. The main pleading of India is counselor access and release of Khulbhushan Yadhav. One of the requests is accepted i.e counselor access to India and not released accused in the custody of Pakistan. The role of ICJ is limited, to reduce the sentence. The net result is an issue.

Why India being taken some benefit from this case? Only a reply wrote by Pakistan in response of India letter which was indicate to allow counselor access “in light of assistance in criminal investigation”. Pakistan totally fails to follow international Laws. The ignorance of laws is no excuse. Pakistan should be followed Vienna Convention but it cannot do so. The Nawaz government was not appointed foreign minister that the one of the weak point raised by opponent. On the other hand, no expert opinion has been taken by the government in this regard.

No humble way adopted by Pakistan to provide counselor access to the accused. It is a fundamental right of the accused which would totally ignore by Pakistani high officials. Why Pakistan being failure to defend his case? Pakistan raised question on Jurisdiction, passport, right of abuses and bilateral treaty in 2008. Pakistan has been failed on initial stage while counselor permission is not granted u/A-36 (Vienna Convention).

The foreign laws expert should be appointed in foreign ministry as well as Army Academic.

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