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National

May 20, 2017

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Denying consular access to Kulbhushan was mistake, says Barrister Zahid

Denying consular access to Kulbhushan was mistake, says Barrister Zahid

Expert of international law speaks in Geo’s programme ‘Naya Pakistan with Talat Hussain’

KARACHI: Expert of international law Barrister Zahid Jamil has said that Pakistan had no option to avoid going to the International Court of Justice (ICJ). He was talking to Talat Hussain on his programme on Geo called ‘Naya Pakistan with Talat Hussain’.

Jamil said that it would be wrong to say that Pakistan should not have been to the ICJ. He further said that the ICJ had just stayed Kulbhushan’s sentence, adding that the ICJ had not mentioned anywhere that Kulbhushan could not be hanged.

“We made mistake of not giving consular access to Kulbhushan by ignoring the international law,” he said. "If Kulbhushan was given consular access, India would never have approached the ICJ."

Zahid Jamil said: “With some demands from Pakistan’s end in March 2017, Pakistan accepted the circle of authority of the ICJ — which has no connection with the Kulbhushan case.” He further said that the Kulbhushan case was being handled through the court law A/36 in the ICJ.

“If any treaty or law of the United Nations (UN) is involved in an agreement, then the ICJ has the circle of authority,” he explained. “There are no two viewpoints on it. 36(2) declaration was given for agreements of this nature, which are not a part of the UN.”

He further added: “India, by accepting declaration on 36(2), had protected its benefits; however, our government didn’t do so yet. Thankfully, the govt has finally protected its benefits, even if it’s in 2017.”

Barrister Zahid Jamil said that Pakistan was a member of the UN system and it was not possible to come out of it. “Pakistan has signed on the convention of consular access. Pakistan did a good job by going to the ICJ in order to present its case. The ICJ has just stayed Kulbhushan’s sentence until the final hearing of the ongoing case, however, it has not mentioned anywhere that Kulbhushan cannot be hanged.”

The barrister further went on to say that if the case was not presented in the ICJ properly, then it would deeply hurt our judicial system. “India’s case is not just about getting no consular access to Kulbhushan,” he said. “The trial which happened because of giving no consular access to Kulbhushan can be in potential danger.”

Barrister Zahid Jamil further added, “By not giving consular access to Kulbhushan, it seems as if we do not have faith in our own case.” He said that this case should have been handled with utmost faith under the international laws. “We will have to rectify our mistakes in this case,” he stressed. “If we will not do so, we will get an order from someone else. The Supreme Court should rectify the mistakes in this case. So, we can proudly say that if we are rectifying our mistakes, then it is on the orders of our Supreme Court.”

 

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