Jadhav's ICJ case: Govt warns opposition to refrain from comments

India's battle at The International Court of Justice to stop Pakistan executing one of its nationals accused of spying has highlighted tensions between the nuclear armed rivals
UN orders Pakistan not to execute Indian man accused of spying

20 May, 2017

The ICJ at the Hague yesterday instructed Pakistan to take all "necessary measures at its disposal" to ensure that Jadhav is not executed pending a final decision by it.

The verdict represents a diplomatic setback for Pakistan, which has insisted that Mr Jadhav's espionage activities put him beyond the purview of the ICJ's jurisdiction, and that the court can not interfere in matters of national security.

The ICJ has not yet ruled on India's main argument that Kulbhushan Jadhav's trial in Pakistan was in violation of the Vienna Convention on Consular Access.

Responding to the ICJ order, Aziz, Pakistan's de facto foreign minister, was reported to have said, "Pakistan's security is so important and we have to maintain our fundamental sovereign right".

Jadhav was reportedly arrested from Pakistan's Balochistan province on March 3, 2016.

Mr Jadhav was "an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges has been held incommunicado... and faces imminent execution", India told the tribunal. India and Pakistan do have a "dispute" on the matter, ICJ president Ronny Abraham observed.

Shaiq Usmani, a retired judge of Pakistan's Supreme Court, told the media that Jadhav's case will go on in Pakistan until the ICJ gives it final decision.

The court further observed that the existence of a 2008 bilateral agreement between Indian and Pakistan on consular relations did not change its conclusion.

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.

Earlier, Zakaria said at the weekly press briefing said India was trying to portray Jadhav's case "as a humanitarian issue to divert the world's attention from his role in fomenting terrorism" inside Pakistan. The UN court ordered Pakistan not to execute Jadhav.

"The situation is grave, it is urgent, and hence we approached this court at such short notice", senior lawyer Harish Salve, representing India, told the United Nations court as an an open hearing of the case was underway at the Great Hall of Justice at the Hague in Netherlands following India's challenge to Jhadhav's death penalty.

Former attorney general Irfan Qadir said he was shocked by the decision.

A London-based Pakistani lawyer, Rashid Alam said Pakistan was "ill-prepared" and could not use the time properly to present its argument before the world court.

The ICJ also directed that consular should be given access to Kulbhushan Jadhav under Vienna Convention.

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