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2-min read

International Court of Justice Stays Kulbhushan Jadhav's Execution Order

The International Court of Justice on Tuesday stayed the execution order against Indian national Kulbushan Jadhav passed by a Pakistani military court.

News18.com

Updated:May 10, 2017, 2:03 PM IST
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International Court of Justice Stays Kulbhushan Jadhav's Execution Order
File photo of former Indian naval officer Kulbhushan Jadhav. (Photo: PTI)
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New Delhi: The International Court of Justice on Tuesday stayed the execution order against Indian national Kulbushan Jadhav passed by a Pakistani military court.

The court had sentenced Jadhav to death for alleged involvement in "spying" and "subversive activities".

The order by the Hague-based International Court of Justice (ICJ) came a day after India approached it against the death sentence handed down to Jadhav by Pakistan's Field General Court Martial last month," official sources said.


India, in its appeal to the ICJ, accused Pakistan of "egregious" violations of the Vienna Convention on Consular Relations and asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy but Pakistan claimed to have arrested him from Balochistan on March 3, 2016.

Reacting to the development, External Affairs Minister Sushma Swaraj said, "I have spoken to the mother of Kulbhushan Jadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court."

Swaraj said senior advocate Harish Salve was representing India before the ICJ in the Jadhav case.

ICJ President Ronny Abraham has reportedly written a letter to Pakistan government, asking it to act in such a way which would enable the implementation of any order the ICJ may issue in the case.

India contends that it was not informed of Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights. It further claims that, in violation of the Vienna Convention, the authorities of Pakistan are denying India its right of consular access to Jadhav, despite its repeated requests.

Referring to 'the extreme gravity and immediacy of the threat that authorities in Pakistan will execute an Indian citizen in violation of obligations Pakistan owes to India', India urges the Court to deliver an order indicating provisional measures immediately, 'without waiting for an oral hearing'," India's appeal said.


India also pointed out that it learned about the death sentence against Jadhav from a press release.

Jadhav, 46, was given death sentence last month by the Field General Court Martial in Pakistan, evoking a sharp reaction in India which warned Pakistan of consequences and damage to bilateral ties if the "pre-meditated murder" was carried out.

The ICJ said India urged it to restrain Pakistan from carrying out the death sentence, and direct Islamabad to take steps to annul the decision of the military court.

Pakistan claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was "a serving officer in the Indian Navy."


India acknowledges that Jadhav had served with the Navy but denies that he has any connection with the government. India has also handed over to Pakistan an appeal by Jadhav's mother, initiating a process to get his conviction overturned.

The appeal on behalf of Jadhav was given last month to Pakistan's Foreign Secretary Tehmina Janjua by Indian High Commissioner Gautam Bambawale, who also handed over a petition by Jadhav's mother seeking the Pakistan government's intervention for his release and expressing the desire to meet him.
| Edited by: Ashish Yechury
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