United Nations orders Pakistan not to execute Indian man accused of spying

Presiding judge Ronny Abraham of France right enters to read the World Court's verdict in the case brought by India against Pakistan in The Hague Netherlands Thursday
UN orders Pakistan not to execute Indian man accused of spying
Author

19 May, 2017

Jadhav was arrested in March 2016 in the southwestern province of Balochistan on charges of being an Indian spy and fueling unrest across the troubled province.

He opined that the ICJ's decision to grant consular access to the "Indian spy" was just an advice, and not a judgment.

A Pakistan military court had awarded the death sentence to Jadhav, who was arrested on March 3 past year, last month for espionage and subversive activities. "First, it affects Pakistan's credibility as a state on the optical level and second, it gives India an upper hand to make a deal for Jadhav's release", he said. What we presented before the worldwide court was that denial of consular access to India to its citizen in Pakistan was an global treaty violation, a lapse that possibly seriously breached Jadhav's right to adequate legal assistance. Modi expressed satisfaction over the ICJ's order to Pakistan against executing the former navy officer pending final decision.

"Justice prevails, this is a major victory for India as there is a stay on the death execution and the court has also upheld India's right to consular access", Union information and broadcasting minister M. Venkaiaha Naidu said.

The party also praised external affairs minister Sushma Swaraj and her team for their "tireless efforts" in pursuing the case.

Islamabad accused Jadhav of carrying out "terrorist activities aimed at destabilizing Pakistan" on behalf of India's foreign intelligence agency, the Research & Analysis Wing.

Attorney General Mukul Rohatgi said Pakistan's charade has been shattered with the ICJ verdict. Faisal said Jadhav "confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan".

Rulings by the U.N.'s highest court are final and binding on the countries involved. "This means that there is a risk that an execution could take place at any moment thereafter, before the court has given its final decision in the case". "The court has clearly underscored that the provisional measures are without prejudice to the final determination of the merits and jurisdiction of the case".

She said Pakistan should have appointed an adhoc judge under relevant rules.

The Prime Minister also lauded lawyer Harish Salve who argued the case in the worldwide court, sources said.

He said India has the right to seek consular access for Jadhav, ordering Pakistan to inform the tribunal that it has implemented the decision. "In the view of the Court, this is sufficient to establish that it has prima facie jurisdiction under Article I of the Optional Protocol".


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