Kulbhushan Jadhav case: India, Pak set for battle at ICJ after 18 years

May 15, 2017

New Delhi, May 15: The International Court of Justice (ICJ) was last a battleground for India and Pakistan nearly 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft.

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On Monday, the ICJ, which is the UN's principal judicial organ, is holding a public hearing at the Great Hall of Justice housed in the Peace Palace at The Hague in Netherlands where the two countries will be asked to present their case over the contentious Jadhav issue.

India on May 8 moved a petition before the UN Body to seek justice for Kulbhushan Jadhav, 46, alleging violation of the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access to the former naval officer was consistently denied.

A Pakistani military court awarded death sentence to Jadhav last month for alleged espionage and subversive activities. Pakistan has also not responded to the request for visas applied by Jadhav's family. Jadhav was arrested on March 3 last year.

The previous case related to shooting down of Pakistan's maritime reconnaissance aircraft Atlantique by the Indian Air Force(IAF) in the Kutch region on August 10, 1999, killing all 16 naval personnel on board. Pakistan claimed the plane was brought down in its air space and sought 60 million USD in damages from India for the incident.

A 16-judge bench of the court on June 21, 2000 voted 14-2 to dismiss Pakistan's claim. The decision was announced by bench president Gilbert Guillaume of France at a public sitting. The verdict was final and there was no appeal.

The ICJ found that it has no jurisdiction to entertain the application filed by Pakistan on September 21, 1999.

Public hearings in the case titled 'Aerial incident of August 10, 1999 (Pakistan vs India)' lasted four days ending April 6, 2000. Arguments centred on the court's jurisdiction in the case which had to be determined before its merits could be considered by the 16 judges.

The Atlantique case was ousted by the ICJ on the issue of jurisdiction and not on merits. Both parties had agreed that the question of jurisdiction would be decided first and only then would the issue of merits be taken up.

Guillaume said the court would first have to decide whether it had the jurisdiction to go into the case as contended by New Delhi after the Indian delegation led by the then Attorney General Soli Sorabjee, raised preliminary objections to its jurisdiction.

Pakistan opened the first round of oral arguments, India replying them, and then Pakistan following with its second round, with India making its response thereto.

India argued that the court did not have jurisdiction in the matter, citing an exemption it had filed way back in 1974 to exclude disputes between India and other Commonwealth states, and disputes covered by multilateral treaties.

Sorabjee told the court that Pakistan was "solely responsible" for the incident and Islamabad must "bear the consequences of its own acts."

Pakistan's Attorney General Aziz Munshi had sought a speedy resolution, saying its application had to be concluded quickly so that it did not remain an irritant in Indo-Pak relations.

Pakistan had also sought to politicise the case by referring to the Kashmir issue, the Kargil conflict, Indo-Pak relations and alleged motives for the shooting.

Pakistan wanted the court to intervene while India was opposed to its assumption of jurisdiction on the basis of Islamabad's application.

It urged the court to "dismiss the objections raised by India and accept its jurisdiction." India maintained that none of Pakistan's arguments is 'sound' and does not provide a basis for invoking the court's jurisdiction.

Sorabjee expressed happiness with the court's verdict. "We are very happy. The court has accepted all our contentions," he had said.

Former supreme court judge B P Jeevan Reddy and Pakistan's former Attorney General Syed Sharifuddin Pirzada were co-opted into the bench as ad-hoc judges.

As per ICJ rules, when it does not include a judge possessing the nationality of the state party to a case, the state may appoint a person to sit as a judge ad-hoc for the purpose of the case.

The court also recalled that its lack of jurisdiction does not relieve States of their obligation to settle their disputes by peaceful means.

The choice of those means admittedly rests with the parties under Article 33 of the UN Charter, it said, adding, they are nonetheless under an obligation to seek such a settlement, and to do so in good faith in accordance with the Charter.

As regards India and Pakistan, that obligation was restated more particularly in the Simla Accord of July 2, 1972. Moreover, the Lahore Declaration of 21 February, 1999 reiterated "the determination of both countries to implementing the Simla Agreement," it said.

Accordingly, the court reminded the parties of their obligation to settle their disputes by peaceful means, and in particular the dispute arising out of the Atlantique incident in conformity with the obligations which they have undertaken.

India's External Affairs Ministry while hailing the verdict especially welcomed the court's positive observations on the principles enunciated in the Simla agreement and Lahore Declaration as the basis for an Indo-Pak rapprochement.

Through its comments, the court has vindicated India's stand on these landmark agreements that are the very cornerstone of India-Pakistan relations, a ministry spokesman had said.

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News Network
May 17,2024

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In scorching heat on a busy Kolkata street last month, commuters sought refuge inside a glass-walled bus shelter where two air conditioners churned around stifling air. Those inside were visibly sweating, dabbing at their foreheads in sauna-like temperatures that were scarcely cooler than out in the open.

Local authorities initially had plans to install as many as 300 of the cooled cabins under efforts to improve protections from a heat season that typically runs from April until the monsoon hits the subcontinent in June. There are currently only a handful in operation, and some have been stripped of their AC units, leaving any users sweltering.

“It doesn’t work,” Firhad Hakim, mayor of the city of 1.5 crore, said on a searing afternoon when temperatures topped 40C. “You feel suffocated.”

Attempts in Kolkata and across India to improve resilience to extreme heat have often been equally ill-conceived, despite a death toll estimated at more than 24,000 since 1992. Inconsistent or incomplete planning, a lack of funding, and the failure to make timely preparations to shield a population of 140 crore are leaving communities vulnerable as periods of extreme temperatures become more frequent, longer in duration and affect a wider sweep of the country.

Kolkata, with its hot, humid climate and proximity to the Bay of Bengal, is particularly vulnerable to temperature and rainfall extremes, and ranked by the Intergovernmental Panel on Climate Change as among the global locations that are most at risk.

An increase in average global temperatures of 2C could mean the city would experience the equivalent of its record 2015 heat waves every year, according to the IPCC. High humidity can compound the impacts, as it limits the human body’s ability to regulate its temperature.

Even so, the city — one of India's largest urban centres — still lacks a formal strategy to handle heat waves.

Several regions across India will see as many as 11 heat wave days this month compared to 3 in a typical year, while maximum temperatures in recent weeks have already touched 47.2C in the nation’s east, according to the Indian Meteorological Department. Those extremes come amid the Lok Sabha election during which high temperatures are being cited as among the factors for lower voter turnout.

At SSKM Hospital, one of Kolkata’s busiest, a waiting area teemed last month with people sheltering under colorful umbrellas and thronging a coin-operated water dispenser to refill empty bottles. A weary line snaked back from a government-run kiosk selling a subsidized lunch of rice, lentils, boiled potato and eggs served on foil plates.

“High temperatures can cause heat stroke, skin rashes, cramps and dehydration,” said Niladri Sarkar, professor of medicine at the hospital. “Some of these can turn fatal if not attended to on time, especially for people that have pre-existing conditions.” Extreme heat has an outsized impact on poorer residents, who are often malnourished, lack access to clean drinking water and have jobs that require outdoor work, he said.

Elsewhere in the city, tea sellers sweltered by simmering coal-fired ovens, construction workers toiled under a blistering midday sun, and voters attending rallies for the ongoing national elections draped handkerchiefs across their faces in an effort to stay cool. The state government in April advised some schools to shutter for an early summer vacation to avoid the heat.

Since 2013, states, districts and cities are estimated to have drafted more than 100 heat action plans, intended to improve their ability to mitigate the effects of extreme temperatures. The Centre set out guidelines eight years ago to accelerate adoption of the policies, and a January meeting of the National Disaster Management Authority pledged to do more to strengthen preparedness.

The absence of such planning in Kolkata has also meant a failure to intervene in trends that have made the city more susceptible.

Almost a third of the city’s green cover was lost during the decade through 2021, according to an Indian government survey. Other cities including Mumbai and Bengaluru have experienced similar issues. That’s combined with a decline in local water bodies and a construction boom to deliver an urban heat island effect, according to Saira Shah Halim, a parliamentary candidate in the Kolkata Dakshin electoral district in the city’s south. “What we’re seeing today is a result of this destruction,” she said.

Hakim, the city’s mayor, disputes the idea that Kolkata’s preparations have lagged, arguing recent extreme weather has confounded local authorities. “Such a kind of heat wave is new to us, we’re not used to it,” he said. “We’re locked with elections right now. Once the elections are over, we’ll sit with experts to work on a heat action plan.”

Local authorities are currently ensuring adequate water supplies, and have put paramedics on stand-by to handle heat-induced illnesses, Hakim said.

Focusing on crisis management, rather than on better preparedness, is at the root of the country’s failings, according to Nairwita Bandyopadhyay, a Kolkata-based climatologist and geographer. “Sadly the approach is to wait and watch until the hazard turns into a disaster,” she said.

Even cities and states that already have heat action plans have struggled to make progress in implementing recommendations, the New Delhi-based think tank Centre for Policy Research said in a report last year reviewing 37 of the documents.

Most policies don’t adequately reflect local conditions, they often lack detail on how action should be funded and typically don’t set out a source of legal authority, according to the report.

As many as 9 people have already died as a result of heat extremes this year, according to the meteorological department, though the figure is likely to significantly underestimate the actual total. That follows about 110 fatalities during severe heat waves during April and June last year, the World Meteorological Organization said last month.

Even so, the handling of extreme heat has failed to become a “political lightning rod that can stir governments into action,” said Aditya Valiathan Pillai, among authors of the CPR study and now a fellow at New Delhi-based Sustainable Futures Collaborative.

Modi's government has often moved to contain criticism of its policies, and there is also the question of unreliable data. “When deaths occur, one is not sure whether it was directly caused by heat, or whether heat exacerbated an existing condition,” Pillai said.

In 2022, health ministry data showed 33 people died as a result of heat waves, while the National Crime Records Bureau – another agency that tracks mortality statistics – reported 730 fatalities from heat stroke.

Those discrepancies raise questions about a claim by the Centre that its policies helped cut heat-related deaths from 2,040 in 2015 to 4 in 2020, after national bureaucrats took on more responsibility for disaster risk management.

Local officials in Kolkata are now examining potential solutions and considering the addition of more trees, vertical gardens on building walls and the use of porous concrete, all of which can help combat urban heat.

India’s election is also an opportunity to raise issues around poor preparations, according to Halim, a candidate for the Communist Party of India (Marxist), whose supporters carry bright red flags at campaign events scheduled for the early morning and after sundown to escape extreme temperatures.

“I’m mentioning it,” she said. “It’s become a very, very challenging campaign. The heat is just insufferable.”

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News Network
May 8,2024

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Nearly 80 Air India Express flights were canceled after the cabin crew members went on a "mass sick leave", official sources said on Wednesday.

As many as 79 international and domestic flights were canceled after about 300 senior cabin crew members reported sick at the last minute and switched off their mobile phones.

The Air India Express management is currently trying to reach out to the crew, who are protesting against the new employment term at the Tata Group-owned airline, sources said.

The cabin crew has also alleged that there was a lack of equality in the treatment of the staff after the merger with Tata Group. They claim that some staff members were offered lower job position despite clearing interviews, sources said.

"A section of our cabin crew has reported sick at the last minute, starting last night, resulting in flight delays and cancellations. While we are engaging with the crew to understand the reasons behind these occurrences, our teams are actively addressing this issue to minimise any inconvenience caused to our guests as a result," an Air India Express spokesperson said.

"We sincerely apologise to our guests for this unexpected disruption and emphasise that this situation does not reflect the standard of service we strive to provide," the spokesperson added.

Guests impacted by cancellations will be offered a full refund or complimentary rescheduling to another date, the airline said.

Several passengers took to their social media accounts and complained about the sudden cancellations of their flights. They said that they had "no information" about the cancellations.

Some "very disappointed" passengers on X said that they had reached the airport when they were informed that their flights were canceled.

"We apologise for any inconvenience. Please be informed that your flight has been canceled due to operational reasons," Air India Express said in response to one of the posts on X.

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May 14,2024

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Jerusalem: Israel and India will continue to deepen their bilateral ties and lead to greater prosperity, Foreign Minister Israel Katz said on Tuesday.

Katz was responding to India’s External Affairs Minister S Jaishankar’s message on the occasion of Israel’s 76th Independence Day.

“Thank you for the warm wishes, FM @DrSJaishankar. In celebration of our Independence Day, Israel and India will continue to deepen our ties and lead to greater prosperity,” Katz said in a post on X.

Earlier in the morning, Jaishankar posted on X a 2:03-minute video showcasing the India-Israel relationship through photos of various bilateral meetings between Prime Minister Narendra Modi, himself, and other Indian ministers with Israel Prime Minister Benjamin Netanyahu and other ministers.

“Congratulate FM @Israel_katz and the people of Israel on the occasion of the 76th anniversary of Israel’s Independence. Mazel Tov!,” Jaishankar posted along with the video and repeated the same message in another post in Hebrew.

Meanwhile, President Droupadi Murmu wished her Israeli counterpart Isaac Herzog as she said on X, “I join the people of India in conveying our best wishes to President @Isaac_Herzog, and the people of Israel on the 76th anniversary of Israel’s independence.”

Lok Sabha speaker Om Birla too took to X to post his greetings to his counterpart Amir Ohana, the Speaker of The Knesset: “On the occasion of Israel’s 76th anniversary of independence, I congratulate Speaker of the Knesset @AmirOhana and the people of Israel.”

Both Murmu and Birla also included greetings in Hebrew.

“Thank you, my dear friend @ombirlakota. May the friendship between our nations grow stronger,” Ohana replied to Birla and also added a line in Devnagari script in Hindi, loosely translated as, “Thank you my dear friend Om Birla. May the friendship between our countries be stronger.”

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