Pak does not accept ICJ's jurisdiction in national security matters, says FO

May 18, 2017

Islamabad, May 18: Pakistan does not accept the International Court of Justice's jurisdiction in matters related to national security, its Foreign Office said today after the UN court stayed the execution of Indian national Kulbhushan Jadhav.

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Foreign Office spokesman Nafees Zakaria also hit out at India, saying the country has been "trying to hide its real face" by taking the case of Jadhav to ICJ.

Jadhav, 46, was sentenced to death by a Pakistani military court and India approached the highest UN judicial body with the plea to stay his execution. The Hague-based ICJ heard the two sides on Monday where Pakistan had challenged the jurisdiction of the court but in its decision the court prime facie exercised the jurisdiction and accepted Indian pleas.

The court today instructed Pakistan to take all "necessary measures at its disposal" to ensure that Jadhav was not executed pending a final decision by it.

Pakistan was in shock as it was confident that the ICJ will throw out the case on the grounds of jurisdiction. Talking to the state-run Pakistan Television after the ruling was delivered, Zakaria said India has been "trying to hide its real face" by taking the case of Jadhav to ICJ.

"The real face of India will be exposed before the world," he said, adding that Jadhav has confessed his crimes of sabotage, terrorism and subversion activities not only once but twice.

He said Pakistan has already informed the ICJ that it does not accept its jurisdiction in matters related to the national security. "We do not accept the jurisdiction of the ICJ in matters related to the national security of the country," he was quoted as saying by the Dunya TV. However, he said Pakistan "will present solid evidence against the Indian spy in the International Court.

Earlier, Zakaria said at the weekly press briefing said India was trying to portray Jadhav's case "as a humanitarian issue to divert the world's attention from his role in fomenting terrorism" inside Pakistan.

He said Pakistan's position was clear as it was a matter of national security. He said Pakistan’s reply to ICJ was in line with Article 36 (2) of the Vienna Convention that Pakistan does not recognise the jurisdiction of the ICJ in this case.

Advisor to Prime Minister on Foreign Affairs Sartaj Aziz said that issuing of stay by the ICJ in interim case of Jadhav is not something extraordinary. He said courts sometimes grant such orders which do not have any bearing on long-term running of the case. Aziz said it is wrong impression that the selection of counsel in the case was not appropriate.

He said the matter of consular access was not included in operational order of the court. "Our stance is that security reasons are also very important," he added.

Information Minister Mariyum Aurangzeb said no compromise will be done on Pakistan's nation security. Commenting on the ICJ ruling, Pakistan's Attorney General Ashtar Ausaf Ali's Office said the ICJ's decision has not changed the status of Jadhav's case in any manner.

In a statement, it said in today’s interim order, ICJ has stated that by way of provisional measures, the status quo be maintained in the case of Commander Jadhav. The court has clearly underscored that the provisional measures are without prejudice to the final determination of the merits and jurisdiction of the case.

The statement said the provisional measures are a procedural process only to enable the court to have full consideration at a later hearing. It said these measures have no bearing whatsoever on the final decision of the Court. It said Pakistan attended the hearing out of its utmost respect for the court and pursuant to the established jurisprudence that the challenge to jurisdiction can be made via appearance and not by abstaining from the process.

In addition, Pakistan attended because of its conviction that the only way to resolve all outstanding issues is through peaceful means, the statement added.

"We are confident that India would not be able to hide the subversive activities it is trying to carry out through its agents like Jadhav," it said. The statement said in Pakistan had assured the court unambiguously that Jadhav would be provided every opportunity and remedy available under the law to defend his case.

Meanwhile, experts and the opposition leaders blasted ICJ order as failure of the Nawaz Sharif government to press the case properly. "We based our case on jurisdiction and it proved weak. More arguments should have been made regarding espionage," Pakistan People's Party leader Sherry Rehman said.

Justice (retd.) Shaiq Usmani told DawnNews the decision is alarming because "ICJ does not have jurisdiction. It's Pakistan's mistake to have appeared there. They shouldn't have attended. They have shot themselves in the foot."

London-based Barrister Rashid Aslam said Pakistan was ill-prepared and did not utilise the 90 minutes it had to make its argument.

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April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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May 4,2024

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Canadian Police said they have arrested three Indians they suspect were part of the alleged hit squad that had killed Hardeep Singh Nijjar, a Sikh separatist leader involved with the Khalistan movement, which calls for an independent Sikh state.

Nijjar's killing had become the epicentre of a diplomatic row between India and Canada last year after Prime Minister Justin Trudeau alleged the role of "Indian agents" in the murder. India had rejected the charge as "absurd" and "motivated".

The three arrested Indians - Karan Brar, 22, Kamalpreet Singh, 22, Karanpreet Singh, 28 - were living as non-permanent residents in Alberta for three to five years, said Superintendent Mandeep Mooker, who leads the Integrated Homicide Investigation Team. The police have also released their photos.

They have been charged with first-degree murder and conspiracy to commit murder, showed court documents.

Police said that none of the suspects were known to them earlier and they were investigating their possible ties to the Indian government.

The murder remains "very much under active investigation," Royal Canadian Mounted Police (RCMP) Assistant Commissioner David Teboul told a press conference on Friday.

"There are separate and distinct investigations ongoing into these matters, certainly not limited to the involvement of the people arrested today, and these efforts include investigating connections to the government of India," CTV News quoted him as saying.

Nijjar, a Canadian citizen who was wanted in India on various terror charges, was shot dead outside a gurdwara in Surrey on June 18, 2023. Trudeau's charge against India sparked a massive row later that year with both countries expelling diplomats of the other country.

A fresh row erupted earlier this week after separatist slogans on 'Khalistan' were raised at an event addressed by Trudeau, prompting New Delhi to summon their Deputy High Commissioner and lodge a strong protest.

On the sidelines of the event, Trudeau told reporters that Nijjar's killing had created a "problem" that he could not have ignored.

India rejected his comment and said it once again showed Canada provides political space given to separatism, extremism, and violence. "This not only impacts India-Canada relations but also encourages a climate of violence and criminality in Canada to the detriment of its own citizens," foreign ministry spokesperson Randhir Jaiswal said.

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April 24,2024

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Ambikapur (Chhattisgarh): Prime Minister Narendra Modi on Wednesday hit out at the Congress, saying the 'vote bank hungry' party wanted to implement reservation on the basis of religion.

Addressing a poll rally in Ambikapur, the headquarters of Surguja district in Chhattisgarh, PM Modi also said the Congress wanted to impose inheritance tax in the country and snatch the rights of people's children.

Some forces want a "weak" government of the Congress and "I.N.D.I." alliance in the country as they thought that if India becomes 'atmanirbhar' (self-reliant), their shops will be shut, he said.

"Today when I have come to Surguja, I want to present the Muslim League thinking of the Congress in front of the country. When their manifesto was released, on the same day I had said, and saying today also that the Congress manifesto has the imprint of Muslim League," Modi said.

When the Constitution was being drafted, it was decided under the leadership of Babasaheb Ambedkar that there would be no reservation on the basis of religion in India, he said.

"If there will be reservation then it will be for by Dalit brothers and sisters and tribal brothers and sisters," he said.

"But the vote bank hungry Congress never cared about the words of the great personalities, sanctity of the Constitution and the words of Babasaheb Ambedkar. Years ago, the Congress made an attempt to implement reservation on the basis of religion in Andhra Pradesh. Then Congress has planned to implement it in the entire country," Modi said.

They talked about implementing 15 per cent reservation on the basis of religion and said it will be done after curtailing the quota of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, he added.

In its 2009 manifesto, Congress's intention was the same and in the 2014 manifesto, it clearly said it will not leave this issue, the prime minister said.

The Congress wanted to change the Constitution and hand over rights of the SCs, STs and OBCs to its vote bank, he said.

The intention of the Congress is not good, it is not according to the Constitution, social justice and secularism. If anyone can protect your reservation, it is the BJP, Modi said.

"The Congress's eyes are not only on your reservation, but also on your earnings, your houses, shops and farms. The 'shehzada' of Congress (apparently referring to Rahul Gandhi) says they will conduct an X-ray of the property of every house and every family in the country. The Congress will snatch all these from you and they say that they will equally distribute them," he said.

Do you know to whom they will distribute it after 'looting' it from you? Modi asked, to which the people replied in affirmative.

"I need not to tell you to whom they will distribute," he added.

Modi further said the 'dangerous intentions' of Congress are coming to forth one by one and now it says it will impose inheritance tax.

"The advisor of shehzada of the shahi parivar, who was also the advisor to the shehzada's father, had said that more tax should be imposed on the middle class and those who earn by toiling hard. Now the Congress says it will impose inheritance tax. It will impose tax on the assets inherited by people from their parents. Now, the panja (Congress poll symbol) will snatch the assets from your children," he said without taking any name.

The Congress' mantra is 'loot of Congress zindagi ke sath bhi, zindagi ke baad bhi', he said.

"They (Congress) want to snatch your assets and rights of your children," Modi added.

The PM also said he had come to seek people's blessings for a developed Chhattisgarh and a developed India.

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