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Kulbhushan Jadhav: Pak gets a lashing from international court

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Kulbhushan Jadav

[vc_row][vc_column][vc_column_text]It asked Pakistan to inform the court of measures taken to implement the order staying the execution of Kulbhushan Jadhav.

The International Court of Justice on Thursday asked Pakistan to ensure that Indian citizen Kulbhushan Jadhav is not hanged until further orders and stayed his execution. The court asked Pakistan to give India consular access to Jadhav on Thursday, which in itself was a violation of the Vienna Convention, the court said.

ICJ President Ronny Abraham, who read out the judgement of the bench comprising 11 judges, had harsh words for Pakistan. The judge said Pakistan had violated Article 36 of the Vienna Convention by not giving consular access to Jadhav. He rejected Pakistan’s contention that the court had no jurisdiction on the Jadhav death sentence. “The court considers it has prime facia jurisdiction in the case,” he said.

The court provided India provisional rights to safeguard his life.  It asked Pakistan to inform the court of measures taken to implement this order.

The court observed that Pakistan has indicated that any execution of Jadhav would probably not take place before the month of August 2017. “This means that there is a risk that an execution could take place at any moment thereafter, before the Court has given its final decision in the case. The Court also notes that Pakistan has given no assurance that Jadhav will not be executed before the Court has rendered its final decision. In those circumstances, the Court is satisfied that there is urgency in the present case,” an ICJ press release on the case said.

The court was composed as follows: President Abraham of France; Judges Hisashi Owada of Japan, Antônio Augusto Cançado Trindade of Brazil, Xue Hanqin of China, Joan Donoghue of the US, Giorgio Gaja of Italy, Julia Sebutinde of Uganda, Dalveer Bhandari of India, Patrick Lipton Robinson of Jamaica, James Crawford of Australia, Kirill Gevorgian of Russia and Registrar Philippe Couvreur.

Judge Cançado Trindade appended a separate opinion to the Order of the Court while Judge Bhandari made a declaration to the Order of the Court, the press release said.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_raw_html]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[/vc_raw_html][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Before the court in The Hague, India had argued that Jadhav was tried for espionage and given the death sentence in Pakistan, violating the Vienna Convention. Pakistan claimed that Jadhav, a former Indian Navy officer, was working for the Research and Analysis Wing (RAW) when he was arrested from Balochistan in March 2016.

Upon India’s moving the international forum, Abraham wrote to Pakistan Prime Minister Nawaz Sharif to not execute Jadhav until the court heard the matter. The public hearing was held on May 15 at The Hague, Netherlands.

India moved the ICJ on May 8, charging Pakistan with “egregious violations of the Vienna Convention on Consular Relations” in the matter of the detention and trial of Kulbhushan Jadhav. This was the first time in 18 years that India and Pakistan arrived at ICJ doorsteps.

Responding to Pakistani claims of Jadhav being a RAW agent, India said that he was a former Indian Navy officer-turned-businessman. Jadhav was kidnapped from Iran during a business trip and was then taken to Balochistan, New Delhi claimed.

Pakistan has consistently refused consular access to Jadhav, sought by India, on the grounds that he was tried for espionage and Islamabad was under no compulsion to entertain the Indian request.

India was represented at the ICJ by senior advocate Harish Salve while the Pakistan case was argued for by Khawar Qureshi.

The trial has been an emotional issue for social media in India and Pakistan. Both sides had seen vitriolic debates and jingoism in popular media over the case.

Pakistan had hanged another Indian, Sarabjit Singh, on May 2, 2013.[/vc_column_text][/vc_column][/vc_row]

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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