Jadhav's friends pray for him
Timeline of Jhadav saga
ICJ gave favorable decision: Manish Tewari
PM appreciates Salve's effort
PM express satisfaction
Great Relief: Sushma Swaraj
Celebration outside Jadhav's house
I'm very happy: Harish Salve
Big win for India: Venkaiah
Mukul Rohatgi on verdict
Kulbhushan Jadhav execution stayed
Pak rejects ICJ's jurisdiction
Hoping for a positive verdict: Jadhav's friend
India, Pak's claims
Pak will be exposed: Ujjwal Nikam
Dalbir Kaur on today's verdict
ICJ verdict at 3:30
In a big win for India, the International Court of Justice has stayed the execution of Kulbhushan Jadhav and has upheld India’s right to consular access to the former naval officer. “Pakistan should not execute Jadhav till proceedings are on in this court,” said judge Ronny Abraham, president of the court.
Stay tuned for updates:
Gopal Bagley, the Ministry of External Affairs spokesperson, said that the ICJ decision was unanimous, favourable and unambiguous.
"It's a matter of great relief," he said adding that he didn't want to respond to Pakistan Attorney General's assertion that the court's verdict was not binding on anybody.
The Foreign Office spokesperson of Pakistan has reacted to the ICJ's order, staying the execution of Kulbhushan Jadhav. "India has been trying to hide its real face" by taking the case of Kulbhushan Jadhav to ICJ."
Pakistan will present solid evidence against Jadhav in the International Court, the spokesperson said.
Kulbhushan Jadhav's friends pray for him
While a battery of legal luminaries worked hard for former naval officer Kulbhushan Jadhav at The Hague, his friends did their bit back home in Mumbai -- with prayers seeking a favourable verdict from the International Court of Justice (ICJ).
Tulshidas Pawar, Jadhav's childhood friend, and others organised a Ganesh Puja, offering prayers for his life.
"I was there when Kulbhushan filled up the entrance exam form for the National Defence Academy, which he eventually joined. I also attended his Passing Out Parade at the NDA," Pawar told PTI.
Jadhav's friends in the Prithvi Nandan Society in central Mumbai's Lower Parel area, where he grew up, began the Ganesh puja in the morning.
PM expresses satisfaction at ICJ judgement in Jadhav case
Prime Minister Narendra Modi expressed satisfaction at the order of the International Court of Justice (ICJ) which stayed the execution of Indian national Kulbhushan Jadhav who is on death row in Pakistan. He spoke to External Affairs Minister Sushma Swaraj to thank her and appreciated the efforts of advocate Harish Salve who represented India in the case.
Wajid Shamsul Hasan, Former Pakistan Envoy to the United Nations told CNN-News18 that he hadn't heard of the verdict as yet. "There is a long way to go... Justice needs to be done." Hasan also said that Pakistan is a "civilised state and will follow the verdict". When asked about the consular access denied by Pakistan, Hasan said there must have been some confusion about the consular access.
Suhsma Swaraj tweeted: "The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India...We are grateful to Mr.Harish Salve for presenting India's case so effectively before ICJ...I assure the nation that under the leadership of Prime Minister Modi we will leave no stone unturned to save Kulbhushan Jadhav."
Venkaiah Naidu on Kulbhushan Jadhav's verdict:
It's a big win for India and human rights... Pakistan's lies have been rejected and it's a big snub to Pakistan. Pakistan has been exposed internationally... The entire country is happy and they are celebrating...The hearing is unanimous...I congratulate Ministry of External Affairs... Under the guidance of Prime Minister Narendra Modi, this was taken forward by MEA...
Mukul Rohatgi on Kulbhushan Jadhav's verdict
It is obvious that the entire world has reacted in one voice...The International Court of Justice (ICJ) verdict is binding on both countries..Pakistan can keep saying what it wants...Pakistan can say there is no jurisdiction but that wil be decided in August and till then this decision is binding. I hope consular access is given.
India should have got consular access to Jadhav: ICJ
The International Court of Justice (ICJ) today said that India should have been granted consular access to its national Kulbhushan Jadhav as per the Vienna Convention. The ICJ asserted its jurisdiction over the case of Kulbhushan Jadhav, who has been sentenced to death by Pakistan on charges of espionage and subversive activities. The circumstances of Kulbhushan Jadhav's arrest remain disputed, ICJ president Ronny Abraham said while reading out his verdict.
International Court of Justice finds in favour of India's plea that no execution of Kulbhushan Jadhav till the hearing is on... Pakistan shall take all measures to make sure that Kulbhushan Jadhav is not prosecuted... It is appropriate for court that Pakistan shall take all measures that Kulbhushan Jadhav sud not be executed: ICJ
ICJ says India has successfully established links between 'provisional measures' and India's rights to claim so.— Utkarsh Anand (@utkarsh_aanand) May 18, 2017
ICJ overrules Pak's arguments:— Utkarsh Anand (@utkarsh_aanand) May 18, 2017
1) Vienna Convention is exclused for those in espionage case
2)2008 bilateral treaty ousts ICJ's jurisdiction
Here’s a look at how the ICJ has ruled in similar cases in the past (Part 3):
In January 2003, Mexico took the US to the ICJ over a dispute concerning alleged violations of the Vienna Convention with respect to 54 Mexican nationals who were sentenced to death in the US. They requested the court to ensure that the US should not execute or set execution dates for any Mexican national before the court passed judgment. After establishing that it had jurisdiction to hear the case, the ICJ ruled that its jurisdiction lay only in establishing whether the US breached its obligations as listed under Article 36, paragraph 1, of the Vienna Convention and not functioning as “a court of criminal appeal”.
Here’s a look at how the ICJ has ruled in similar cases in the past (Part 2):
Germany vs United States
German national Walter LaGrand and his brother Karl were arrested in US state of Arizona in 1982 on suspicion of armed robbery and murder. In 1999, Germany instituted proceedings against the US for allegedly failing to inform the duo of their right to consular access, guaranteed by the Vienna Convention. The appeal was filed on the eve of the brothers’ execution. However, Karl was executed before the case started and Germany demanded that the US compensate his family and halt Walter’s execution till proceedings were pending. In its verdict the following day, the ICJ asked the US to ensure Walter was not executed during proceedings.
Here’s a look at how the ICJ has ruled in similar cases in the past:
Paraguay vs United States
In April 1998, Paraguay had dragged United States to the ICJ alleging that the state of Virginia had violated Vienna Convention by failing to inform Angel Francisco Breard, a Paraguayan, of his right to contact the Paraguayan consulate for assistance after his arrest. A report in Firstpost, said The Hague had called on the US to "take all measures at its disposal" to prevent the execution of Breard, pending a final decision in the proceedings instituted by Paraguay. However, Breard was executed on April 14, five days after the verdict. Paraguay later withdrew the case.
Kulbhushan Jadhav's friend Vijay Kanojia on today's International Court's verdict: "The whole country is waiting, hoping to hear a verdict in our favour and we know it will be in our favour...The truth will emerge victorious...This will be the best reply to Pakistan...The whole country will fight till he is released...We will get him back."
Kulbhushan Jadhav's friend Arvind Singh said that he is extremely hopeful of a positive verdict in Kulbhushan Jadhav's case. "We have been working very hard. From last one year, we have been campaigning on various social media platforms, physical human chain and application to the Governor. We are very hopefull that the verdict is going to be in our favour.The whole world knows what Pakistan has been upto in this case."
After India demolished Pakistan's arguments to execute Kulbhushan Jadhav at the Hague- the International Court of Justice will pronounce its verdict today, however, the verdict is not binding on any nation. Here is India's argument:
* Gross violation of the Vienna Convention on consular relations.
* India has not been granted consular access despite 16 requests.
* Kulbhushan Jadhav's family has not been granted visas to meet him.
* The accused, Kulbhushan Jadhav, was not informed of his rights on being arrested.
* He was kidnapped from Iran and baseless charges were foisted upon him.
* He is an innocent Indian who is not a serving naval officer as alleged by Pakistan.
ICJ to pronounce verdict on Kulbhushan Jadhav case. Take a look at India, Pak's claims and counter claims over Jadhav.
Why India should get a favourable order today at the ICJ (part-3):
4) Pakistan has complained India is unwilling to explain the false passport, which bore a Muslim name and was found in Jadhav’s possession. But if Pakistan wants India to explain this, then why not grant the consular access thereby accepting India's role in the adjudication process. Pakistan may just fall in a trap of its own should the ICJ accept this argument.
5) Pakistan has also claimed that Jadhav's legal remedies have not exhausted and hence there is no "urgency" to seek "Provisional Measures". But India has successfully demonstrated there is no stay on Jadhav's execution and he could be executed any moment, necessitating the urgent intervention.
Why India should get a favourable order today at the ICJ (part-2):
3) Pakistan's argument that consular access is a matter of discretion for a law enforcement agency when the foreign national has been accused of spying has also been met by India. India has questioned various facts of the case, including how Kulbhushan Jadhav was abducted from Iran, why India's repeated requests for consular access were shot down by Pakistan, a trial was conducted without informing Kulbhushan Jadhav and without supplying a copy of the chargesheet or even the judgment. The moot point that India has appealed: Graver the charges, greater the need for continued adherence to the Vienna Convention, for it would involve the life of people and relations between States.
Why India should get a favourable order today at the ICJ:
1) India has been very meticulous and succinct in asking for a limited relief. What it prays for now is a stay on Jadhav's execution. If the stay is granted, not just that main relief will have to be adjudicated but India will get time to look for a diplomatic and political solution.
2) Its counsel Harish Salve has aptly pre-empted Pakistan's argument on the 2008 bilateral treaty between the two countries. While Pakistan contends India cannot be allowed to invoke Vienna Convention in the wake of the bilateral treaty, Salve has maintained that bilateral treaty cannot affect India's right to protect its citizens under the Vienna Convention.
Dalbir Kaur, sister of Sarabjit Singh, on International Court of Justice verdict:
"I want the country to pray for Kulbhushan Jhadav. The verdict will be in India's favour. The way India has presented Kulbhushan Jadhav's case - the decision will be in India's favour. It will be a historical decision and the truth will win."
RECAP | Salve alleged that the confession admitting that Kulbhushan Jadhav worked for India's external spy agency R&AW and his involvement in terror activities was extracted in a military custody, Salve said. He urged the court to direct Pakistan to see that Kulbhushan Jadhav was not executed and "no action is taken that might prejudice the rights of India or Kulbhushan Jadhav with respect to any decision the court may render on the merits of the case".
RECAP | India's lawyer Harish Salve alleged that the trial of Kulbhushan Jadhav was held under "farcical" circumstances in violation of the Vienna Convention. The lawyer told the court that Kulbhushan Jadhav was kidnapped in 2016 from Iran where he was pursuing his business after retiring from the Indian Navy, brought to Pakistan and was shown to have been arrested in Balochistan and presented as an alleged Indian spy.
RECAP | India is represented by its 'agent' Deepak Mittal, who is the head of the Pakistan division in the external affairs ministry and the case is argued by its lead attorney Harish Salve. It is after 18 years that the two neighbours were fighting it out at the ICJ. Last time, Pakistan had moved the ICJ seeking its intervention over the shooting down of its naval aircraft.
RECAP | Kulbhushan Jadhav was arrested on March 3 last year and sentenced to death by the Pakistani military court on charges of espionage and subversive activities. While India asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy, Pakistan claims to have arrested Kulbhushan Jadhav from its restive Balochistan province.
RECAP | India, whose request for consular access to Jadhav was turned down 16 times, had approached the ICJ on May 8, accusing Pakistan of violating the Vienna Convention and conducting a "farcical trial" for convicting Jadhav without a "shred of evidence" following which the court had stayed his execution. During its submission to the ICJ on May 15 at a public hearing, India had demanded the immediate annulment of Jadhav's death sentence, expressing fears that Pakistan could execute him even before the hearing at the ICJ was over.
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