International Court of Justice stays Kulbhushan Jadhav’s hanging pending final order

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International Court of Justice on Thursday stayed the hanging of the Indian national Kulbhushan Jadhav by Pakistani authorities.

international court justice stays Kulbhushan Jadhav's hanging

Here’s what the ICJ Judge Ronny Abraham observed:

  • Pakistan shall take all measures to ensure that Mr Jadhav is not executed until the court has given its final decision
  • International Court of Justice stays death sentence given to Kulbhushan Jadhav by Pakistani military court until further notice
  • Rights invoked by India under the Vienna Convention are plausible
  • Both India and Pakistan agree that Kulbhushan Jadhav is an Indian citizen
  • India should have been given consular access as per Vienna convention
  • The circumstances of Kulbhushan Jadhav’s arrest remains disputed
  • The court considers it has prima facie jurisdiction in the case
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India’s attorney general, Mukul Rohatgi, said that Indian stood victorious adding that he congratulated all concerned persons especially the External Affairs Ministry.

He said, “The entire thing was a charade. Pakistan is completely blown by this decision.The decision is certainly binding for both states. Although this is only an interim order… Hope that final decision also comes India’s way and we can see Mr.Jadhav come back home.”

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During its submission, India had demanded the immediate suspension of Jadhav’s death sentence, expressing fears that Pakistan could execute him even before the hearing at the ICJ was over.

India’s forceful submission was made as the ICJ began hearing the case of the 46-year-old former Navy officer, who was arrested on March 3 last year and sentenced to death by a Pakistani military court on charges of espionage and subversive activities.

The Jadhav case was taken to the world court on May 8 by India, which accused Pakistan of violating the Vienna Convention and conducting a “farcical trial” for convicting Jadhav without a “shred of evidence”.

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On its part, Pakistan told the ICJ that Vienna Convention provisions on consular access were not intended for a “spy” involved in terror activities and charged India with using the world body as a stage for “political theatre” in the Jadhav case.

The two neighbours last had a face-off at the ICJ 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft.

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