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Transcript of Weekly Media Briefing by Official Spokesperson (May 18, 2017)

May 19, 2017

Official Spokesperson, Shri Gopal Baglay: Namashkar Mitron, Aap sabka swagat hai.

Good afternoon and welcome once again to the weekly briefing. I have an announcement to make but I am sure you all are aware and you have seen. I have seen it live on the television about the order passed by the International Court of Justice in the Jadhav matter.

The International Court of Justice in Hague has delivered, a short while ago, a unanimous, favorable, clear and unambiguous order on India’s request for provisional measures in the Jadhav’s case. It has asked Pakistan, as you would all know, to take all measures at Pakistan’s disposal to ensure that Jadhav is not executed pending final decision in the proceedings in the Jadhav case currently before the International Court of Justice.

The Court has also asked Pakistan to inform it of all measures taken by it for implementing this order of the court.

As you all are also aware this is a matter of great relief for all of us, I personally was very relieved and I am sure every Indian is relieved to hear this order because it means that till such time the International Court of Justice is seized with the matter, it does not come out with the final decision, Shri Kulbhushan Jadhav cannot be executed by Pakistan.

You would also recall that External Affairs Minister had assured the Parliament of India which represents the sovereign people of India that the government will do everything possible for ensuring justice for Mr. Jadhav, for saving his life. Today you would have seen that External Affairs Minister has once again has repeated that assurance and has said that under the leadership of Prime Minister Modi, the government shall not leave any stone unturned in its efforts to save Mr. Jadhav.

So this is where we stand and I think the provisional relief which India has been granted on its request constitutes an essential first step in ensuring justice for Mr. Jadhav. We hope that it will help remedy the egregious violations of Jadhav’s rights and also the violation of international conventions by Pakistan in this matter.

Mitron, aap logon ne dekhaa ki aaj thodi der pehle, International Court of Justice ne, jo ki Hague mein hai, ek aadesh paarit kiyaa hai jo ki Bharat ki prarthna par unhone paarit kiya hai, usmein unhone ye nirdesh diya hai ki Pakistan aise saare sambhav kadam uthaye jis se ki sunischit kiyaa jaa sake ki Shri Jadhav ko diya gaya mrityudand tab tak kriyanvit nahin kiyaa jayega jab tak ki International Court of Justice is current maamle mein, jo ki unke vicharadheen hai, apna antim nirnay nahi de deta.

International Court of Justice ne Pakistan ko ye bhi nirdesh diya hai ki wo court ko ye bataaye ki court ke is paarit aadesh ka kriyanvan karne ke liye, isko lagoo karne ke liye, Pakistan ne kya kadam uthaaye hain. Ye ek sarvsammati se liya gaya bahut hi spasht nirnay hai. Aap jaante hain ki ismein 15 judge hain jo poori duniya ko represent karte hain aur ye court duniya ka sabse highest court hai, United Nations ka part hai.

Is aadesh mein kisi tarah ki koi a-spashtataa nahi hain, ye ekdum saaf hai aur ismein koi bhi kintu-parantu nahi hai. Ye spasht hai ki jab tak is maamle mein International Court of Justice ka antim faisla nahi aata tab tak Shri Jadhav ka jeevan surakshit rahna chahiye, aisa nirdesh court ne Pakistan ko diya hai.

Aap logon ko yaad hoga ki Videsh Mantri Mahodayaa ne pichhale mahine is vishay par bolte hue Bharat ki sansad ko ye aashwasan diya tha ki Sarkar wo sabhi sambhav kadam uthayegi jis se ki Shri Jadhav ke liye nyaay sunischit kiyaa ja sake avam unke jeevan ki raksha ho sake. Aaj jab unhone tweet kiya to ye aashwasan dohraaya hai aur kahaa hai ki Pradhanmantri Shri Modi ke netratv mein Sarkar koi bhi aisa prayaas baaki nahi chhodegi jo kiyaa jaa saktaa hai.

We shall leave no stone unturned.

Ye jo nirnay aaya hai, aap jaante hain ki Bharat ki prarthna par diya gaya hai aur hum ise is nazariye se dekhate hain ki Jadhav ke jo adhikaar hain aur antar-rashtriya convention ka aur shri Jadhav ke adhikaron ka jo hanan Pakistan ne kiya usko sahi karne ki dishaa mein ye pahle jaroori kadam hai. Hum ye aasha karte hain ki is pehle jaroori kadam ke baad Pakistan ne Shri Jadhav ke adhikaron aur antar-rashtriya kanoon ka jo bhi ghor hanan kiyaa hai usko sahi karne ki disha mein madad milegi. Is nirnay se poore Bharat ne aur hum sabhi ne raahat ki saans li hai. Hum iska swagat karte hain.

Mere khyaal se aap sabhi log Jadhav masle par hi sawal poochhna chahenge aur aaj chunki waqt thodaa kam hai to hum log sirf Jadhav masale par kuchh sawaal lete hain.

Question: Mr. Baglay, first of all congratulations on this initial release but we have just received a statement from Attorney General’s office in Pakistan which says that this is merely a protocol measure and they do not give it much relevance. If I can quote just one sentence from it which says, "The court has clearly understood that the provisional measures are without prejudice to the final determination of the merits and jurisdiction of the case.” How do you see the statement and also, we have seen not a great precedent in the past. The US case in which they went ahead with the execution. Do you think the rift between the Pakistan military and the civilian government would be detrimental to this particular case?

Official Spokesperson, Shri Gopal Baglay: I don’t wish to comment on what Attorney General of Pakistan has said but I hope that we all have, as we all have heard, I hope the concerned authorities in Pakistan have heard what the Hon’ble President of the International Court of Justice said while reading his order that this order, that is his order which he read out and which is also available on the International Court of Justice’s website and on the MEA website also, he said very clearly that this order creates legally binding international obligation.

Question: How do we go about the consular access now?

Consular access par ab kya hoga? Kya Bharat aupchaarik taur par ek baar fir se request karega, ya binding hai to aap expect karenge ki Pakistan aapko khud consular access de? Doosara, ek clarity ke liye main aapse poochhna chahta hoon, jo final faisle ki baat ho rahi hai usmein hum kya expect kar rahe hain, consular access par ya uski maut ki saza par?

Question: Pehle Khulbhushan Jadhav ke parents je visa ke liye application lagaai thi, halaanki abhi thodi jaldbaazi hogi, lekin kya hum log dobara fir se visa ke liye apply karenge, aur jo ye mukadama chalega Pakistan mein usko hum parallel chalaayenge yaa fir hum pehle International Court of Justice ke faisle ka intezaar karenge?

Question: Kya Bharat ke pass jo kaanooni vikalp Pakistan mein honge unhe exercise kiyaa jaayega? Doosari cheez ye hai ki International Court of Justice mei ab aagey ke kadam kya honge, kya written submission fir se file kiya jaayega taaki normal proceedings chal sakein?

Question: India has asked for a fair number of things, medical certificate, visas for parents, consular access yet if you saw the Attorney General’s statement, he says right in the end very clearly, we will take this to the logical end. Logical end in that case since there is a death sentence is a fairly threatening phrase. Could you comment on that?

Question: Just wanted to clarify, it comes to a question that was asked earlier, are we specifically going to request the ICJ for consular access to Mr. Jadhav going ahead or are we expecting that to happen as a normal course of process given the order today?

Question: Jaise ki hum sabne dekha hai ki Pakistan ne ye darshaanaa shuru kar diya hai ki ICJ ka faisla wo lagoo nahi kar sakta hai. Aise mein Bharat ke pass jo vikalp maujood hain usmein kya wo raajneetik star par antar-rashtriya jagat mein ek pressure create karne ki koshish karega, apne doston ke jariye aur Pakistan ko baadhya karega. Kya is vikalp par Bharat vichaar kar raha hai?

Question: Are we going to simultaneously continue to pursue the case in Pakistan because as Judge Roney Abraham pointed out that on 19th May i.e. tomorrow is the last day for Kulbhushan Jadhav to personally file an appeal. He said there is uncertainty, so today on an urgent basis are we going to take up that matter with Pakistan as to whether he has even been able to appeal against the verdict?

Question: Pakistan agar ICJ ke faisle ko agar maanya nahi karta hai to aise mein humne kya-kya vikalp dhoondh rakhe hain, kis tarah se is matter ko aagey le kar jaayenge?

Question: China bhi ICJ ke verdict ko nahi manta raha hai aur jaahir taur pe Pakistan China ko follow kar sakta hai. Ye sawaal poochha ja chuka hai ki vikalp hamaare pass kya hoga, doosara sawaal ye hai ki next hearing ko lekar kya koi jaankaari hamaare pass hai?

Question: My question is on Pakistan but not related to Jadhav matter. You might have seen the India Today report on Hurriyat, how Pakistan is funding Hurriyat leaders to spread violence and disturbance in Kashmir. So are we going to take up this matter with Pakistan on any platform?

Question: Tomorrow is the last day for the first appeal that Mr. Jadhav has to file in the court. Has he filed the appeal, and if he has not then is government of India entitled to file appeal on his behalf? Question: Hum is court se kya chahte hain?

Final decision aane mein kitna waqt lagne ki ummeed hai?

Official Spokesperson, Shri Gopal Baglay: I’ll try and answer these questions in points, not necessarily in the order they were asked.

While reading out the order the President of the ICJ very clearly said that this order which was delivered today on India’s request for provisional measures creates an internationally legal binding obligation, so I won’t like to speculate on what will happen.

Aap mein se bahut logon ne sawal poochha hai ki agar Pakistan nahi maanega to kya hoga. Dekhiye Bharat ek law abiding country hai, hum log antar-rashtriya kanoon ka paalan karte hain. Hum ye maan ke chalenge ki jo international legally binding order hai uska antar-rashtriya samuday ke sabhi logon ko paalan karna chahiye.

So at this stage I won’t like to speculate as to what will happen if this happens or does not happens.

Unke visas ke baare mein aapne poochha ki dobara unhone apply kiya hai ki nahi, jahan tak meri soochna hai mujhe nahi pata hai ki unki pehle application par koi nirnay liyaa gaya hai. Mujhe ye pata hai ki unko abhi tak visa mila nahi hai, to dobara apply karne ki jaroorat hai ya nahi hai, mujhe abhi is baat ki jaankari nahi hai. Aur shayad is waqt tak unke parivar ko bhi is baat ki jaankari nahi hai.

Doosari baat aap logon ne poochi ki consular access ke baare mein final faisal kya hoga?

There are other questions which you have asked relating to the future course of action. Please see that this matter is sub judice. I am currently commenting and answering your questions specific to the development today. As to what will happen in future, what course the matter will take, how the court will conduct its hearing, I think it is best not to go into those things at this stage.

The court is seized of the matter. It has very clearly said that till final decision of the court comes in this matter, Pakistan should not do A or should do A & B, it is very clearly specified.

So the matter is sub judice in the International Court of Justice and it will move forward according to its rules and procedures.

Bahut logon ka ye sawaal hai ki India ki prayer kya hai, what have we asked for?

I would request you what we spoke in our last briefing to go through again, if you have already gone through and if you haven’t then kindly look up the press release which was brought out by International Court of Justice summing up India’s prayer. It was press release no. 2017/16, 9th May 2017, it very clearly sums up what India’s prayers are, what relief has India sought along with the provisional measures. Kindly look it up, I have nothing further to add we have already spoke about it on the last occasion.

Regarding the date of next hearing, obviously it is for the court to decide.

Kya hum log Pakistan se parallel baat karenge, dekhiye humne consular access ke liye Pakistan ko bol to rakha hi hai. Hamara to case yahi hai ki Vienna Convention ke antargat unko consular bhent ki anumati de deni chahiye thi. Vienna Convention ke ullanghan ke kaaran hum logon ko ICJ jaanaa padaa. Pakistan agar consular access dena chahta hai to wo kabhi bhi de sakta hai, lekin is waqt ye maamle International Court of Justice mein chala gaya hai aur jaisa ki aapne aaj President ko bhi suna hoga, jab wo sum up kar rahe they case ko, aur ab to wo order bhi website par hai jisko aap bhi dekh sakte hain.

He has said that there is a dispute right now between the two parties regarding the application of paragraph 36 (1) of the Vienna Convention. So I would again request you and I would again refer you and suggest to you that if you haven’t then kindly look up the entire order.

Appeal ki aakhiri tareekh 19 May hai, unhone appeal daayar kari hai ki nahi kari hai, durbhagyawash ye hamein abhi pata nahi hai.

Unfortunately it is still unclear to us. From what I gathered watching the proceedings live on the TV I am not sure it is clear to the International Court of Justice also whether appeal has been filed or as to what the fate is. In fact the court has very clearly said that the urgency stems from the fact that even though, there is perhaps this 150 day period, what will happen after August 2017 or when the 150 day period is over, something very unfortunate can happen.

We are not clear, we do not have any information and no official information has been given to us in this regard. You also asked about the appeal which Mr. Jadhav would have filed or had the right to file, we have no information on that but certainly as you all know the mother of Shri Jadhav had sent the petition and the appeal through the High Commission of India and it was handed over to the Pakistani authorities earlier on. You are very well aware of that.

I think I have covered almost all the aspects.

Question: About consular access issue.

Official Spokesperson, Shri Gopal Baglay:
I have answered that question. Maine kaha ki consular access ki to humne 16 baar guzarish kari hui hai, agar wo chahte hain to kabhi bhi de sakte hain.

None of those requests have been withdrawn.

: Hurriyat ke netaon ke baare mein.

Official Spokesperson, Shri Gopal Baglay: Are you surprised to hear that. Aapko kya taajjub ho raha hai is baat ko sun kar. Pakistan ki bhumika kya rahi hai ye hum sabko pata hai to hamein to is baat se koi taajjub nahi hona chahiye ki Pakistan Kashmir mein aur Bharat ke doosare hisson mein bhi aatankwaad ko kis tareeke se badhawa deta raha hai, kis tareekse se usne aatankwaadi gatividhiyon ko sahara diya hai, pala-posa hai aur hamaare upar thopa hai. Ye to sabko pata hi hai, ismein koi nai baat nahi hai.

Dhanyawaad. Thank you very much.


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