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ICJ to hear on Monday India’s plea against Jadhav’s sentence: Salve

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Harish Salve

New Delhi, May 10: The International Court of Justice, which has suspended the death sentence of alleged Indian spy Kulbhushan Jadhav, is likely to hear India’s plea on Monday, said noted lawyer Harish Salve who is representing India at the ICJ.

Salve said on Wednesday that “India has taken a calibrated decision” on approaching the international court, in The Hague, Netherlands, and will wait to see Pakistan’s legal response.

“We are told to be there on Monday. We may have a hearing on Monday or a scheduling on Monday. We needed immediate relief. Whenever Pakistan is willing to be engaged we are ready,” the lawyer told NDTV news channel.

Salve also said that consular access to Jadhav, sentenced to death by a Pakistani military court, is the right of India and the Indian.

“There is a stand alone obligation for consular access, which is not just the right of the State but also the right of the accused – and that is basically meant that right from the time you are arrested in the foreign country you have the benefit of consular access,” Salve told Times Now.

External Affairs Minister Sushma Swaraj on Tuesday tweeted that the ICJ has suspended the death sentence of Jadhav.

In a statement issued on Tuesday, the ICJ said: “On 8 May 2017, the Republic of India instituted proceedings against the Islamic Republic of Pakistan, accusing the latter of egregious violations of the Vienna Convention on Consular Relations’ (hereinafter the Vienna Convention’) in the matter of the detention and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, sentenced to death by a military court in Pakistan,” the ICJ said in a statement on Tuesday.

“The Applicant contends that it was not informed of Mr. Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights,” the statement said.

Under Article 74, paragraph 4 of the ICJ rules, which says “pending the meeting of the Court, the President may call upon the parties to act in such a way as will enable any order the Court may make on the request for provisional measures to have its appropriate effects”, ICJ President Justice Ronny Abraham has written to Pakistan seeking the suspension of the sentence.

India had moved the court on Monday seeking a set of reliefs including “by way of suspension of the sentence of death awarded to the accused”, and “restraining Pakistan from giving effect to the sentence awarded by the military court”.

It had also sought the sentence of the military court “arrived in brazen defiance of Vienna Convention rights” as well as the rights of the accused be declared violative of international law.

Citing “the extreme gravity and immediacy of the threat that authorities in Pakistan will execute an Indian citizen in violation of obligations Pakistan owes India”, it urged the court to deliver an order indicating provisional measures immediately “without waiting for an oral hearing”.

Jadhav, a former Indian naval officer, was allegedly arrested in Balochistan in March 2016. Pakistan said Jadhav worked for the Research and Analysis Wing (RAW).

A military court sentenced him to death on April 10 on charges of espionage and waging war against Islamabad.

New Delhi had warned that if Jadhav was hanged, it would be considered “premeditated murder” by Islamabad.

India has sought consular access to him 16 times but Islamabad has refused to respond.

(IANS)

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India at Afghan crossroads as Taliban cocks its guns

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India Army on Desert

New Delhi, July 3 : With Chinese bellicosity reverberating across the world, South Asia is bracing for another jolt — the epicentre of which is neighbouring Afghanistan. The tremors from Kabul will pass through Islamabad and hit Delhi, yet their intensity is not known. To what extent is India prepared is a question mark.

It all began on February 29, when the US signed a deal with the Taliban in Doha, Qatar, to withdraw its forces from the war-torn country after almost 19 long years. Strangely it chose to leave out the elected Afghan government from a deal that impacts the future of Afghans.

The peace deal between the US and Taliban, remains a misnomer. Contrary to the spirit of the deal, the Taliban has increased attacks and the violence has engulfed the landlocked country – right from the maternity ward of a hospital in Kabul, to a gurdwara in prayers; from a funeral site in Nangarhar to a court in Paktia. And, not to mention dozens of Afghan security check-points where many hundreds of security personnel have died.

On its part, the Afghan government is implementing various provisions of the deal, like the release of Taliban prisoners, and President Ashraf Ghani has committed to join the intra-Afghan talks in Doha.

Doha is where the Taliban maintains its political office, and where the US-Taliban deal had been negotiated this February. The US Special Representative for Peace in Afghanistan, Zalmay Khalilzad has been chasing diverse parties including Pakistan for the intra-Afghan talks, reducing violence and release of prisoners. In his recent talks with Afghan leaders, Khalilzad reinforced that peace in Afghanistan is equivalent to peace in the region and the US is ready to invest in this sphere.

However, going by the high levels of violence inflicted by the Taliban the future looks bleak for the nation. It is not difficult to understand why the Taliban has stepped up its deadly attacks across the country – it is looking forward to an American withdrawal to enable a complete takeover of the country. The World Human Rights Watch Report has said that the Taliban”s widespread human rights abuses in areas under its control raise concerns about its willingness to adhere to future agreements.

Besides the two key nations — the US and Afghanistan, there always has been a high-stakes player — Pakistan, with its behind-the-scenes shelter and support to terror groups. In its efforts to control a resource-rich but unstable neighbour, it has played a pivotal role in keeping Afghanistan on the tenterhooks and vulnerable to attacks through battle-hardened terror groups. It has also put in considerable efforts to keep India at bay.

Indian intervention in Afghanistan has been diametrically opposite Pakistan”s — it has pumped in $2 billion aid and assistance for the Afghan people to rebuild the war-ravaged country and promote democracy. India has built dams, power stations, roads, hospitals and trained Afghan people in various aspects of administration and security.

With unprecedented developments happening in Afghanistan, many including Khalilzad are urging India to talk to Taliban. This is a view which even Zamir Kabulov, Russia”s special presidential envoy for Afghanistan, holds. The million dollar question is — how does India view the Taliban, which India has kept at an arm”s length for close to two decades now.

India still looks at Afghanistan as a democratic country that elects a people”s government, while the Taliban is still viewed as a terror group, power hungry and a Pakistani stooge. Indian thinking is still governed by the good old-fashioned theory of an ideal Afghanistan where all tribes come together to hold elections, where terror groups drop their arms and the Afghans climb up the development charts with roads, dams, schools and hospitals with Indian support.

With unbelievable violence engulfing Afghanistan, this looks like an impossible reality. An Indian pipe dream. But what is still possible amidst these impossibilities is that India opens up a window to talk with the Taliban.

The Taliban has made reconciliatory gestures towards India which have been surprising. It has already said that the revocation of Article 370 in Kashmir was an internal matter of India. And, it has said a couple of times that it is open to talks with India. In fact, even the Afghan government has indicated that India should join the intra-Afghan talks as the country has always been supportive of peace in Afghanistan. It wants India to drop its opposition to the Taliban and lend strength to the peace process.

While calls for India”s role in the peace process echo from all sides, the only opposition has come from arch enemy Pakistan, which is still busy playing its ”running with the hare and hunting with the hounds” game. Even as it poses with the US as an ally in the Afghan peace process, it has been sheltering and training various terror groups in attacking both Afghan and Indian interests.

However, the good news for India is that the terror groups are mutating in the Afghan battlefield. While the Taliban is warming up to India, the formidable terror group, Haqqani Network, shares Pakistan”s line of thinking.

The fast-paced developments in Afghanistan have left the field wide open for India to drop its nonchalance and join the talks, paving the way for a bigger Indian role once the US completely withdraws from the region. As the various players in the Afghanistan theatre know, India”s stand at the talks will only be from a point of peace and from a perspective of the Afghan people.

We know that there are no permanent friends and no permanent enemies in international relations. People evolve, entities change but peace still remains a goal worth pursuing. India has pursued that goal for millions of Afghan people for long. It should not give up now.

By : Rahul Kumar

(This content is being carried under an arrangement with indianarrative.com)

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After Priyanka Eviction, Govt Clarifies that Advani-Joshi allotted bungalows on security grounds

Advani and Joshi have got government accommodation on the instructions of the Ministry of Home Affairs on the basis of threat perception. Both of them also have Z-plus security.

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LK Advani Manohar Joshi

New Delhi, July 3 : The ruling party and the opposition have been at loggerheads ever since the central government ordered Congress General Secretary Priyanka Gandhi Vadra to vacate the government bungalow allotted to her in New Delhi. The Congress is accusing the government of adopting double standards with regard to the Gandhi family. In such a situation, the government has issued a clarification.

The government said that on the basis of the Public Premises Amendment Bill 2019, Priyanka has been ordered to vacate the government bungalow. This amended law came into force in September 2019.

It has also been said by the government that accommodation is provided for a specified period to those who are in public service. According to this rule, government accommodation cannot be allotted on the basis of security other than to those who are SPG protected. Priyanka had been getting SPG protection since 1997, so she was allotted government accommodation. But now she is not getting SPG protection.

On giving government accommodation to senior BJP leaders Lal Krishna Advani and Murli Manohar Joshi, the Centre has said that the Cabinet Committee on Accommodation has decided to give Advani and Joshi government accommodation as an exception based on security threat perception. Based on this rule, Advani can live in a government bungalow for his lifetime, while Joshi is entitled to a government bungalow till June 25, 2022.

Advani and Joshi have got government accommodation on the instructions of the Ministry of Home Affairs on the basis of threat perception. Both of them also have Z-plus security.

The Urban Housing Ministry has asked Priyanka to vacate the Lodhi Road government bungalow within a month or by August 1. Besides, she has also been asked to pay the outstanding rent of Rs 3.46 lakh for the bungalow. The Ministry has said in the notice that due to withdrawal of SPG security, she cannot live in a government bungalow now as per the rule.

In an official release, the Ministry has said that if she does not vacate the bungalow in a month, she will have to pay a fine.

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Rahul Gandhi on Kanpur firing: Another proof of hooliganism in Uttar Pradesh

A massive search operation has been launched to nab Vikas Dubey. The police are also using electronic surveillance. The police have recovered cartridges of AK-47 from the site of the incident.

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Rahul Gandhi

New Delhi, July 3 : Congress leader Rahul Gandhi on Friday raised questions about the safety of the common people in Uttar Pradesh after eight policemen were shot dead in Uttar Pradesh’s Kanpur district.

“Another proof of hooliganism in Uttar Pradesh. When the police are not safe, how will the public be?” Rahul Gandhi said, quoting a news report.

He also extended his heartfelt condolences to the families of the deceased police personnel and wished a speedy recovery to those injured.

Eight police personnel, including a circle officer, were shot dead and six policemen seriously injured when a local criminal Vikas Dubey and his gang sprayed them with bullets in Kanpur.

Chief Minister Yogi Adityanath has expressed grief over the incident and offered his condolences to the families of the deceased.

A massive search operation has been launched to nab Vikas Dubey. The police are also using electronic surveillance. The police have recovered cartridges of AK-47 from the site of the incident.

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