Kulbhushan Jadhva Case : Huge setback for Pakistan by ICJ's verdict : Twitter Hails
19 May, 2017, 04:27 | Author: Jonathon Greene
During its submission to the ICJ on May 15 at a public hearing, India had demanded the immediate annulment of Jadhav's death sentence, expressing fears that Pakistan could execute him even before the hearing at the ICJ was over.
The UN court said Pakistan should not carry out the death penalty on Kulbhushan Jadhav pending the outcome of a case filed by India alleging that Pakistan breached his right to consular assistance following his arrest previous year.
"It is appropriate for the court to order that Pakistan take all measures at its disposal to ensure Mr. Jadhav is not executed pending the final decision in these proceedings", said presiding judge Ronny Abraham, reading the court's unanimous decision.
However, the ICJ concluded on Thursday it had "prima facie jurisdiction" as Pakistan's "alleged failure" to provide consular notifications about Jadhav's arrest and to allow communication and provide access to him fell within the scope of the Vienna Convention.
Pakistan has on 16 occasions denied consular access to India to its citizen.
Not allowing consular access has led to suspicion in India on the well-being of Jadhav who is on a death roll and is now lodged in some jail in Pakistan.
Union Minister Venkaiah Naidu called the verdict a major victory for India.
In "provisional measures" adopted unanimously, the 12-judge tribunal said it would remain "seized of the matters" in its order until it gives a final judgment.
Baglay said it means that until the court issues a final decision in the case, "Sri Kulbhushan Jadhav can not be executed by Pakistan".
The court said Pakistan had indicated that the execution would probably not take place before August 2017. Salve has done a brilliant job and has put across India's view point very clearly and succinctly to the ICJ.
The Vienna Convention has been a frequent subject of disputes at the ICJ, often in cases involving the United States.
"I assure the nation that under the leadership of Prime Minister (Narendra) Modi we will leave no stone unturned" to save Jadhav, Swaraj tweeted.
Jadhav reportedly joined India's prestigious National Defense Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991.
Mr Jadhav, who, India says was abducted from Iran where he was running a business, has been in the custody of Pakistan since March.
The Kulbhushan Jadhav episode has exposed the real face of India to the world for its involvement in terrorism, terror financing, subversion and spying activities in a sovereign state of Pakistan.
India's Kulbhushan Jadhav sentenced to death on charges of spying by a Pakistani military court. "We are grateful to Mr. Harish Salve for presenting India's case so effectively before ICJ", she posted.
The problem is many countries in the past have rejected the ICJ verdict and even U.S. went ahead to execute two Germans in the past despite ICJ restraint.
India moved the ICJ against the death penalty on May 8.
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