March 21, 2018

Intl court stays Jadhav's execution till final verdict

19 May 2017, 10:11 | Winifred Adams

In a diplomatic and legal victory for India, the International Court of Justice (ICJ) on Thursday stayed the execution of alleged spy Kulbhushan Jadhav, dismissing Pakistan's contention that it had no jurisdiction to go into the matter.

The UN's highest judicial body, which had earlier provisionally stayed Jadhav's sentence on May 9, also instructed Pakistan to inform it "of all the measures taken in implementation of the present order".

He congratulated the Indian team which represented the country in the ICJ and stressed that the Government should not leave any stone unturned to ensure justice for Jadhav and his return to our country.

A United Nations court on Thursday ordered Pakistan not to execute an accused Indian spy pending its final verdict in a case that has gripped the rival countries.

Though India and Pakistan are signatories to the Vienna Convention since 1977, New Delhi's request for access to Jadhav was denied 16 times. Replying to a volley of questions on India's possible response if Pakistan does not implement the ICJ order, Baglay said the order is binding on Pakistan.

Pakistani representative Mohammad Faisal on Monday showed judges a copy of an Indian passport he said Jadhav was carrying at the time of his detention, which bore the name Hussein Mubarak Patel, calling it an "obvious indication of covert and illegal activity".

In April, a Pakistani military court had sentenced Jadhav to death. The ICJ notes that Pakistan had given no assurance Jadhav would not be executed before the court gives its final decision.

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"As far as Pakistan is concerned, the court's decision today has not changed the status of Commander Jadhav's case in any manner", the statement said.

In addition to this, the decision of the International Court of Justice was hailed by Information and Broadcasting Minister Venkaiah Naidu. It lodged a case against Islamabad earlier this month, accusing the Pakistanis of violating the Vienna Convention by failing to provide him with consular access, as well as breaking global human rights law. Indian lawyers argued that those restrictions amounted to a breach of the 1963 Vienna Convention on Consular Relations.

"Without prejudging the result, the ICJ considers that the risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk".

"After India stood exposed in state sponsored terrorism and financing terrorism, it tried to divert attention from presenting the Kulbushan Jadhav case with a humanitarian angle", he said.

"The International community must put pressure on Pakistan". Pakistan has been claiming that former Indian Navy official Kulbhushan Jadhav was a spy working in Pakistan.

The court said Pakistan had indicated that the execution would probably not take place before August 2017.

Shaiq Usmani, a retired judge of the Supreme Court, told a newspaper the decision was alarming because the "ICJ does not have jurisdiction".

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