Former Chief Justice points out flaws in ICJ’s order

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Zubair Qureshi

Justice Iftikhar Muhammad Chaudhry, former Chief Justice of Pakistan and President of his own political party Pakistan Justice and Democratic Party (PJDP) on Friday expressed disappointment on the order of the International Court of Justice (ICJ) announced Thursday staying execution of Indian spy, a RAW agent and serving Indian Naval Officer Commander Kulbhushan Jadhav.
Addressing a hurriedly-called press conference at his residence in F-10/4 Justice Chaudhry was of the view that the ICJ without determining its jurisdiction had directed the ‘state’ of Pakistan not to execute Jadhav who is involved in espionage and terrorism activities against Pakistan.
Justice Iftikhar Chaudhry was accompanied by Senior Vice President of the party Ahsanuddin Sheikh, Vice President of Islamabad chapter Muhammad Salheen Mughal , Finance Secretary Aamir Mughal and President of FATA and Dolat Shah.
The ICJ has no jurisdiction to entertain the petition/plea of the India government as the issue does not fall within the definition of the contentious one on the basis of which ICJ normally claims its jurisdiction, he said. He also stated that the ICJ had an obligation to dismiss the petition as Pakistan being a second party had not submitted to its jurisdiction.
In addition to above, he stated that in view of bilateral agreement between India and Pakistan on Consular Relations of the year 2008 ICJ erred in law to ignore the agreement for no other purpose than to assume jurisdiction not vested in it.