United Nations court orders Pakistan not to execute Indian national

Paterniano Del Favero
Mag 20, 2017

Pakistan says ICJ has no jurisdiction to hear the case of Yadav as it pertains with the national security of the country.

The ICJ on Thursday allowed India's petition that Pakistan be directed not to execute Indian national Kulbhushan Jadhav, who was handed a death sentence by a Pakistani military court in April this year.

For Pakistan to follow suit and execute Mr Jadhav despite the court's order would "draw global censure", said ICJ president Ronny Abraham. Pakistan's attorney general said that the recent order by ICJ does not change anything in Kulbhushan Jadhav's case.

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.

India based its case on the Vienna Convention rather than on a 2008 agreement on consular access between India and Pakistan, he said.

India - when it went to the ICJ - argued before the court that Islamabad violated a treaty guaranteeing diplomatic assistance to foreigners accused of crimes.

The interim order issued on Thursday is nominally binding, but there have been cases in the past when countries have disregarded such stays of execution. Asserting that ICJ had a formal stay in the matter, Asif said that Jadhav who is a "RAW agent" will be convicted after fulfilling all necessary legal procedures.

Jadhav, a former navy officer, was sentenced to death by a Pakistani military court last month after being convicted of spying.

India and Pakistan, it noted, have been signatories to the Vienna Convention since 1977.

Zakaria said, "After India stood exposed on state-sponsored terrorism and financing terrorism, it tried to divert attention by presenting the Kulbushan Jadhav case with a humanitarian angle". "The United Nations should also take a serious note of it".

Having ordered Pakistan not to execute Jadhav, the ICJ will now seek comprehensive submissions from both New Delhi and Islamabad on their respective cases. "Justice has been served and it is proven that Pakistan's courts are mere kangaroo courts and nothing else", one friend Sachin Kale said.

He said Pakistan's position was clear as it was a matter of national security.

In a series of tweets, Sushma said the order comes as "a great relief to the family of Kulbhushan Jadhav and the people of India" and promised "that under the leadership of Prime Minister Modi we will leave no stone unturned" to save the former navy officer.

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