News Analysis |
Amid rising tensions between India and Pakistan, the former has launched yet another verbal diatribe. The provisional measures of the ICJ which only asked Pakistan to hold Kulbushan Jadhav’s execution until the final decision have been welcomed with jubilation and have also led to high pitched vociferous statements against Pakistan.
Responsible people at the helm in India continue with their heated comments despite realizing the danger associated with further conflagration in their remarks. Defense minister Arun Jaitley mocked the Pakistani judicial system.
“This order, though interim, is a very serious indictment of the kind of mockery that exists in Pakistan in the name of the judicial system.”
– Arun Jaitley
Read more: ICJ’s verdict: Can Pakistan unmask India on the global platform?
He again raised questions on the trial that was conducted by the Pakistani military court. ”Unless there is an effective defense, the proceeding doesn’t inspire the confidence and fairness, consular access is part of the right to defense.”
It must be recalled that India did not even request consular access to Jadhav. The ICJ, therefore, has not yet given consular access to Jadhav. Paragraph 43 of the decision states:
“I assure the nation that under the leadership of Prime Minister Modi we will leave no stone unturned to save #KulbhushanJadhav.”
– Sushma Swaraj
“The rights to consular notification and access between a State and its nationals, as well as the obligations of the detaining State to inform, without delay, the person concerned of his rights with regard to consular assistance and to allow their exercise, are recognized in Article 36, paragraph 1, of the Vienna Convention. Regarding Pakistan’s arguments that, first, Article 36 of the Vienna Convention does not apply to persons suspected of espionage or terrorism, and that, second, the rules applicable to the case at hand are provided in the 2008 Agreement. The Court considers that at this stage of the proceedings, where no legal analysis on these questions has been advanced by the Parties, these arguments do not provide a sufficient basis to exclude the plausibility of the rights claimed by India, for the same reasons provided above (see paragraphs 32-33).”
The Minister for External Affairs, Sushma Swaraj took to Twitter to ”celebrate” the ”victory”.
The ICJ order has come as a great relief to the familly of Kulbhushan Jadhav and people of India.
— Sushma Swaraj (@SushmaSwaraj) May 18, 2017
Through her tweets, she lauded the efforts of her team and Indian lawyer Mr. Harish Salve for fighting the case effectively.
Read more: Will Pakistan execute Jadhav before the final verdict?
We are grateful to Mr.Harish Salve for presenting India’s case so effectively before ICJ.
— Sushma Swaraj (@SushmaSwaraj) May 18, 2017
I compliment my team of officers in the MEA for their tireless efforts and hard work.
— Sushma Swaraj (@SushmaSwaraj) May 18, 2017
She again reiterated India’s resolve of saving Jadhav by hook or by crook, something which may have a significant bearing on how the ties go forward.
“I assure the nation that under the leadership of Prime Minister Modi we will leave no stone unturned to save #KulbhushanJadhav,” she tweeted
Flirting with danger
The resolve of India to teach Pakistan a lesson is being supplemented by its actions on the ground. The Corps level exercise on the Rajasthan Border was followed by the launch of a BSF-led operation in the very area codenamed ”Garam Hawa”.
“Any misadventure by Indian Army across Line of Control will be a miscalculation, shall be responded with full force and could lead to unintended consequences.”
– ISPR
Delhi is perhaps bolstered by continuous backing from voices in Washington which are mulling to talk tough with Islamabad. If statements of General McMaster and Daniel Coats are anything to go by, the US is all set to exert military and nonmilitary pressures on Pakistan. Delhi finds it as an opportunity to squeeze Islamabad. However, a heated LoC or the International Border will have serious repercussions. The COAS while alluding to India in a seminar stated:
“We are cognizant of these threats and are actively countering them with the support of the whole Nation.”
Read more: Hague battle: Pakistan still very much in the game
Earlier an ISPR Press Release stated that ”Indian Army has been targeting innocent civilians on both sides of Line of Control in recent past. Any misadventure by Indian Army across Line of Control will be a miscalculation, shall be responded with full force and could lead to unintended consequences.”
The press release implies that a flare up is inimical to both countries and better resolution mechanism must be put in place.