PM expresses satisfaction at ICJ judgement in Jadhav case

Claudine Rigal
Mai 19, 2017

In its plea to the court, India had expressed the fear that Jadhav might be executed even while the hearing at the ICJ was on. India also accused Pakistan of violating the Vienna Convention by denying consular access to Jadhav and pronouncing him guilty of espionage in a "farcical trial". "We had assured the court unambiguously that Commander Jadhav would be provided every opportunity and remedy available under the law to defend his case", the attorney general's office said in a statement.

The top United Nations court also said that Pakistan should have given consular access to India as per Vienna Convention. Also, there is a risk that Pakistan will carry out the execution before the Court has given its final decision, as Pakistan has not given any assurance that it won't do so.

In April, a Pakistani military court sentenced him to death.

"The court has given its ruling on provisional measures, which is basically a procedural process", the Pakistani envoy at the ICJ, Moazzam Ahmad Khan, told reporters.

The ICJ earlier in the day granted a stay on execution of Kulbhushan Jadhav by Pakistan pending the final decision of the Court. But Pakistan would be hard put to flout the interim order.

India has reacted jubilantly to the verdict.

In 1998, a Paraguayan man was executed for murder in Virginia despite the global court's order urging the United States to halt his execution in a similar case involving the right to consular access.

External Affairs Minister Sushma Swaraj had tweeted her gratitude to Salve after India's victory.

New Delhi had moved the court on May 15 as an emergency measure and exhorted the court to halt the execution of Jadhav. Singh was condemned and sentenced to death in 1991, but his sentence was repeatedly postponed by authorities in Pakistan.

While India asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy, Pakistan had claimed to have arrested Jadhav from its restive Balochistan province.

The case could take years to settle so judges issued Thursday's order to ensure Jadhav is not executed before the case ends. We are grateful to Mr.Harish Salve for presenting India's case so effectively before ICJ.

The Kulbhushan Jadhav episode has exposed the real face of India to the world for its involvement in terrorism, terror financing, subversion and spying activities in a sovereign state of Pakistan. India had approached the ICJ in May seeking an urgent hearing in the case, requesting suspension of the verdict. The ICJ also ordered Pakistani authorities to inform it of all measures taken to execute its judgment.

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