ICJ stays death sentence awarded to Kulbhushan Jadhav by Pakistan till final verdict, says India should have got consular access

New Delhi, May 18: In some relief for Indian national Kulbhushan Jadhav, the International Court of Justice (ICJ) on Thursday stayed the death sentence of the ex-Naval officer till the final verdict i

Updated: May 18, 2017 5:32 PM IST

By Pragati Ratti Sharma

ICJ stays death sentence awarded to Kulbhushan Jadhav by Pakistan till final verdict, says India should have got consular access

New Delhi, May 18: In some relief for Indian national Kulbhushan Jadhav, the International Court of Justice (ICJ) on Thursday stayed the death sentence of the ex-Naval officer till the final verdict in the case. The ICJ said that it has jurisdiction in the case, rejecting Pakistan’s contention on jurisdiction. Pronouncing the order, ICJ director Ronny Abraham ruled that India should have been given consular access to Jadhav under the Vienna Convention.

Pronouncing the order by the 11-judge bench unanimously, the ICJ Director said, “Appropriate to say that Pak shall take all measures at its disposal to ensure Kulbhushan Jadhav is not executed pending final decision.” “150-day period for clemency given by Pakistan which ends in August suggests execution can happen immediately thereafter,” the ICJ said in its order. Rights invoked by India under the Vienna Convention are plausible,” Abraham added.

There were prayers across the country ahead of the hearing as people hoped for Jadhav’s safe return. In Mumbai, locals performed a havan, praying that the death sentence to Jadhav by Pakistan be suspended and the Indian national returns to Pakistan. (Also Read: Highlights of the ICJ verdict)

The ICJ had earlier this month put a stay on the death sentence awarded to Jadhav by the Pakistan military court. During arguments in the case on Monday in The Hague, India, represented by noted lawyer and former Solicitor General Harish Salve, said that Pakistan provided no consular access to Kulbhushan Jadhav and sentenced him to death on charges of espionage. Salve accused Pakistan of violating the principles of Vienna Convention on Consular Relations by not providing consular access to Kulbhushan Jadhav. Salve argued that the passport applications of Jadhav’s family were also rejected by Pakistan.

India had maintained that Kulbhushan Jadhav had retired from the Indian Navy services and was working on his business in Iran. Salve argued that Jadhav was kidnapped by Inter-State Intelligence (ISI) officials from the bordering region of Iran. Harish Salve had also expressed concerns over the well-being of Jadhav saying that he hoped that Jadhav was alive.

Meanwhile, Pakistan, represented by Attorney General Ashtar Ausaf, defended Jadhav’s conviction claiming that the former Indian Navy officer was involved in ‘terror and subersive activities’ in Balochistan and Sindh. On consular access not being provided to Kulbhushan, Pakistan’s counsel Khawar Qureshi said, “Vienna convention is not applicable for spies.” Pakistan argued that India had no right to invoke the ICJ’s jurisdiction as the Vienna Convention doesn’t provide for spying, and terrorism related matters.

Pakistan further accused India of fuelling terrorism in Sindh and Balochistan by assigning intelligence agency officials to indulge in espionage in the region. To support his charge, Qureshi also displayed the copy of “Commander Kulbhushan’s passport” seized by Pakistan, which specified his name as ‘Hussein Mubarak Patel’.

Pakistan’s request to play the video of Kulbhushan’s purported confession was denied by the bench at the ICJ. India has maintained that the video is doctored with multiple edits.

Kulbhushan Jadhav was sentenced to death by the Field General Court Martial (FGCM) last month for his alleged involvement in espionage and sabotage activities against Pakistan. The ICJ on May 9 put a stay on the death sentence given by Pakistan to Kulbhushan Jadhav.

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