ICJ verdict: what India and Pakistan said in Kulbhushan Jadhav case

Bruno Cirelli
Mag 19, 2017

India had on Monday sought the UN's highest judicial body's intervention for an immediate suspension of Jadhav's death sentence, fearing that the Indian national may be executed even before the ICJ decided the case.

"The court has given its ruling on provisional measures, which is basically a procedural process", the Pakistani envoy at the ICJ, Moazzam Ahmad Khan, told reporters.

India approached the ICJ on 8 May after Pakistan turned down its request to grant consular access 16 times.

Jadhav has been sentenced to death by a Pakistan military court on charges of espionage and subversive activities.

"I personally was very relieved and I'm sure every Indian is relieved to hear this order", Indian Ministry of External Affairs spokesman Gopal Baglay said. The India team is expected to be present at the time of the verdict.

Pakistan on Thursday seemed to be in a state of shock after the International Court of Justice dealt a huge blow to Islamabad and stayed the execution of Indian national Kulbhushan Jadhav. Here is how twitter reacted to ICJ's verdict in the Kulbhushan Jadhav case. He said Pakistan's reply to ICJ was in line with Article 36 (2) of the Vienna Convention that Pakistan does not recognise the jurisdiction of the ICJ in this case.

"It is appropriate for the court to order that Pakistan take all measures at its disposal to ensure Mr Jadhav is not executed before this (11-member) court has given its final decision", presiding Judge Ronny Abraham said.

Noted lawyer Harish Salve had told the court that India couldn't arrange for Jadhav's defence due to denial of consular access by Pakistan. And therefore, Harish Salve argued that death sentences should be stayed immediately.

Jadhav, a former Indian Navy officer, was allegedly arrested in Balochistan in March 2016.

India has contended he was kidnapped from the Iranian port of Chabahar and his secret trial was a "farce".

The UN tribunal, based in The Hague, said in a statement issued Wednesday that it "will deliver its order on the request for the indication of provisional measures made by India in the Jadhav Case (India v. Pakistan), tomorrow on Thursday 18 May 2017". The court considers it has prima facie jurisdiction in the case.

Rulings by the court are final and binding on the countries involved.

Pakistan's counsel Khawar Qureshi, while presenting Islamabad's stance in the ICJ on death sentence handed to Jadhav, said that the former naval officer entered Islamabad through Iran using a fake passport.

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