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The Hindu
The Hindu
Comment

Indian judge holds Pak. has withdrawn case

The Hague, July 16: Mr. Nagendra Singh of India, Judge of the International Court of Justice, has expressed the view that there had been “a clear withdrawal” by Pakistan of its application against India. In a separate opinion attached to the Court’s order on Pakistan’s case, Mr. Nagendra Singh said that the Court “has no jurisdiction in relation to Bangladesh.” “It is well known that Bangladesh is a sovereign State recognised by over 90 countries and now a regular member of the several specialised agencies of the United Nations and a distinct member of the international community. The fact remains, however, that without its consent there can be no exercise by the Court of jurisdiction in relation to its rights,” he said. He therefore regretted that the Court had fixed time limits for the parties to plead on the question of jurisdiction. The Court’s order was officially released at The Hague to-day. Mr. Nagendra Singh, who had voted with the majority in the order of the Court on Friday, suggested that the Court “should have declined to deal any further with the case, as judicial propriety does not permit the Court to advance any further therein.” Mr. Singh said, “It appears to me that the Court has not been in proper seisin of the case from the very beginning and lacks all prima facie competence. If that be so, it is regrettable to have instituted a further phase by fixing time-limits for the parties to plead on the question of jurisdiction.”

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