If Pakistan Defiant, India Can Go To UN Security Council For Kulbhushan Jadhav Case

With the decision of International Court of Justice’s if Pakistan do not comply on Kulbhushan Jadhav, who was sentenced to death by the Military Court of Pakistan on the charge of spying, then India can go to the Security Council.

 

 

 

Siddharth Luthra the senior Supreme Court lawyer said during the Judgement, "cannot be enforced the way domestic court judgements can", India could also ask for sanctions against Pakistan.

 

 

 

 

Siddharth Luthra told to NDTV that, "ICJ is a body where you go by consent. One of the issues Pakistan is seeking to raise is that we have not consented, so jurisdiction is an issue they are looking to challenge. Such judgements are binding when countries accept them to be binding. If Pak chooses to act in a rogue manner, India can take the matter with the Security Council."

 

 

 

 

The lawyer further added by saying that, "If Pakistan says it will not implement the UN court ruling, India can go to Security Council and ask for sanctions against Pakistan for breach of the ICJ judgement."

 

 

 

 

The lawyer also said that New Delhi reconsider its relationship which is diplomatic with Pakistan. "Unlike a domestic judgement, like a ruling by Supreme Court, which has actions such as contempt or execution, this is by consent. Therefore, while the judgement is important, it can't be enforced the way domestic court judgements are enforced," he said.

 

 

Going to the International Court Siddharth Luthra said, India had ensured that there is exposure of a legal system which does not provide justice to citizens of other countries, as in the case of Mr Jadhav. "India has achieved its victory and made its point the moment it internationalized the issue and took it to ICJ. So I believe we've already succeeded. The judgement is important, but I believe we've made our point," Mr Luthra said.

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