United Nations court rules in favor Kulbhushan Jadhav death sentence case

Ivan Schwartz
May 19, 2017

India asked the ICJ for the injunction barring its fellow nuclear-armed neighbour from executing Jadhav, arguing that he was denied diplomatic assistance in violation of the Vienna Treaty on Consular Relations at what it terms an unfair trial.

Apart from a forceful argument put forward by India's legal luminary Harish Salve, what went against Islamabad was the manner in which Pakistan declared on May 15 that they had given a 150-day period to Jadhav to file for clemency.

The sequence of events, Mr Salve said, had started with an interview to NDTV, where he spoke of the possibility of approaching the International Court of Justice.

In April, a Pakistani military court sentenced him to death.

THE HAGUE: The UN's top court on Thursday ordered Pakistan to stay the execution of an Indian national convicted of spying, in a victory for New Delhi over its bitter rival. "Therefore, a link exists between the rights claimed by India and the provisional measures being sought".

Islamabad has also noted that Jadhav's sentence remains subject to appeal and he is no immediate danger of execution.

Pakistan argued that Jadhav's rights weren't breached and that the court didn't need to issue an urgent order to stay his execution because it wasn't imminent.

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India was able to demonstrate Pakistan's disregard for worldwide conventions and its propensity to undermine the rule of law. Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision.

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If Pakistan does challenge ICJ's jurisdiction, said Kumar, the global court in the Hague will possibly consider the possibility of holding separate hearings for jurisdiction and India's petition.

India moved the ICJ citing imminent danger to Jadhav's life, after Pakistan didn't respond to 16 requests for consular access to the prisoner.

India's case was exclusively built around the Vienna Convention on Consular Relations' optional protocol which calls for compulsory jurisdiction of ICJ in all disputes arising out of interpretation or application of VCCR. However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Indian Navy.

On Thursday, Justice Ronny Abraham of the ICJ asserted that the Kulbhushan Jadhav's case was indeed debatable, and added that the ICJ had prime facie jurisdiction in the case.

Foreign Office spokesman Nafees Zakaria also hit out at India, saying it was "trying to hide its real face" by taking the case of Jadhav to ICJ. "The court has said nothing on the merits or maintainability of the case".

"It is time for the opposition parties to unite over the issues that are threatening our national security rather than critcising the government", said Marriyum, informing that the law and justice department is thoroughly reviewing the ICJ verdict.

India has made it clear that it is not going to make a fresh plea for getting consular access to Jadhav.

Other reports by GizPress

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