Thursday , 27 February 2020
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India won on all counts at ICJ: Jaitley


New Delhi

Senior BJP leader and former Minister Arun Jaitley on Thursday said India won on all counts at ICJ against Pakistan on Kulbhushan Jadhav case.

‘’A plain reading of the judgement showed that India had won on almost all counts. What surprised many was the official claim of Pakistan that the judgement is, in fact, a Pakistani victory,’’ Jaitley wrote in a blog.

He said supporters of the view that the verdict favoured Pakistan gave two primary reasons for such a boisterous and bravado claim.

‘’Firstly, Jadhav had not been released by ICJ and secondly, that the military courts in Pakistan had been upheld and the case will go back to the military courts itself which are entirely state controlled. The relevant question, therefore, when the case has been referred back to Pakistan, what will be the forum and the process of the review and reconsideration that will be available to Jadhav,’’ he said.

Former Finance Minister Jaitley wrote that the ICJ’s observation on the nature of review and  reconsideration is an example of legal craftsmanship in judgement  writing.

‘’Thus, while not going into the question of the validity of the  military courts, the observations of the court in paragraphs 139 to 147  give a clear indication amounting to a mandatory direction as to what is  the nature of remedy available to
Jadhav,’’ he said.

Jaitley, also an eminent lawyer, further wrote, ‘’Pakistan lost conclusively before the ICJ. It’s farcical processes  through which innocent are held guilty, stand exposed. The ICJ has  given Pakistan an opportunity to comply with the rule of law and reform  its processes.’’

He wrote, ‘’Will Pakistan use this opportunity or will they squander  it? Pakistan is now under a global gaze as to what direction it follows.  The ICJ judgement in this case is a comprehensive victory for India.’’

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