ICJ stays Pak court’s death sentence on Kulbhushan Jadhav

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The International Court of Justice (ICJ) has made it clear that Pakiistan cannot hang Kulbhushan Jadhav for now. Moreover, the world court ordered Islamabad to give consular access to Jadhav.

“Pakistan shall take all measures to ensure that Jadhav is not hanged until a final decision by the court”, said ICJ judge Ronny Abraham.

“The circumstances of his arrest are in dispute… India should have been given consular access as per Vienna Convention,” the order said.

Pronouncing the court’s order, Abraham said the ICJ had jurisdiction in the matter.

Indian Judge Dalveer Bhandari of the International Court of Justice made a separate declaration as part of the UN court’s verdict asking Pakistan to ensure that Kulbhushan Jadhav was not executed pending the final decision.

Before moving to the ICJ, Justice Dalveer Bhandari had served as a senior judge at the Supreme Court of India.

The ICJ asked Pakistan to ensure that “(Indian national Kulbhushan) Jadhav is not executed pending the final decision.” There was no disagreement among the 11 judges of the International Court of Justice, which also has a Chinese judge among the current members.

Along with the verdict is appended a separate declaration by Indian judge Dalveer Bhandari.

According to the ICJ statement, “Judge Bhandari agrees with the decision of the Court to indicate provisional measures. However, he wishes to place on record his views concerning the requirements for indicating provisional measures in more detail.”

This case gives rise to questions pertaining to the basic violation of human rights through the denial of consular access during the pendency of court proceedings in Pakistan, which culminated in the death sentence to Jadhav, the ICJ statement said.

Reacting to the verdict, Pakistan said it will present solid evidence against Jadhav in the International Court of Justice. Pakistan Foreign Office Spokesperson Nafees Zakaria said that India has tried to divert the world’s attention by presenting the case from a humanitarian angle and that it was trying to hide its real face by taking Jadhav’s case to ICJ.

“The real face of India will be exposed before the world,” he said. He added that Jadhav had twice confessed to sabotage, terrorism and subversion activities.

However, Ministry of External Affairs in India said that the government will do everything in its power to save the life of Jadhav. MEA Spokesperson Gopal Baglay said that the provisional relief provided by the ICJ is the first step in ensuring justice to Jadhav.

“The order by the ICJ is unanimous, favourable, clear and unambiguous. The verdict a matter of great relief for people of the country,” he said.

Union Home Minister Rajnath Singh said that ICJ’s decision to stay the execution of Kulbhushan Jadhav gives people of India a deep sense of satisfaction and relief. Senior advocate Harish Salve presented India’s case at ICJ as India’s counsel. His efforts drew appreciation from Prime Minister Narendra Modi himself. Minister of External Affairs Sushma Swaraj said that the decision comes as a sigh of relief to the family ok Jadhav and the people of India.

Opposition Congress leader Manish Tewari said that it was upon the Government of India to use the ICJ decision as a trigger to bring Jadhav back to India.

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