ISLAMABAD: A petition has been filed in the Supreme Court of Pakistan on Saturday seeking a declaration that the provisional stay on the execution of Indian spy Kulbhushan Jadhav by the International Court of Justice is non-binding and has no effect on Pakistan under domestic law.
The constitutional petition was filed by Advocate Muzamil Ali under Article 184(3) of the Constitution. It has been drafted by renowned lawyer and former Senate chairman Farooq H. Naek. The federal government, Ministry of Law and Justice and the court of appeal constituted under Army Act 1952 have been declared as respondents.
The petitioner stated that the decision by the ICJ “does not constitute a binding direction upon Pakistan which is a sovereign state and entitled to take due measures to protect its sovereignty, territory and integrity”.
It was contended that international law does not become part of domestic law until it is implemented or ratified through domestic legislation, and the Vienna Convention on consular relations is not applicable for state-sponsored terrorism.
It said that Jadhav has admitted to be a serving naval officer working for India spy agency RAW involved in subversive activities in Pakistan, and he was working as agent of the state of India and not as a national of India.
The petitioner asked the Supreme Court to declare that the trial of Jadhav was conducted in accordance with the law of Pakistan. He asked the court that any appeal filed by Jadhav or on his behalf should also decided under the law of Pakistan.
The petitioner further stated that there was no prejudice in refusing consular access to Jadhav as requested by India. He pleaded that Jadhav should be executed is his plea is rejected by the court of appeal.
The petitioner claimed the treatment of ICJ is discriminatory in the decision that it has jurisdiction over Pakistan, despite a declaration issued on March 29 that Pakistan will not accepted in matters interference in matters regarding nation security of Pakistan.
The petition read that action of India to send an agent to sabotage projects and peace initiatives in Pakistan was against the norms of international law, and the people of Pakistan have the right to retribution. It also submitted that the military courts have to be protected through constitutional amendment.