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(Pi Bureau)
New Delhi : Pakistan was today ordered by the International Court of Justice (ICJ) to ensure that Kulbhushan Jadhav is not executed until it takes a final decision on India’s charge that Pakistan violated its obligations under an international treaty guaranteeing diplomatic help to foreigners accused of capital crimes.
“Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in these proceedings,” the top UN court ruled in a unanimous and binding decision.
It also said that Pakistan should have given India consular access to Kulbhushan Jadhav, rejecting Pakistan’s argument that a person convicted of espionage is not entitled to it.
Here are the updates :
The International Court of Justice (ICJ) will pronounce its verdict in the Kulbhushan Jadhav case at 3:30 pm IST on Thursday, just 10 days after India approached it demanding immediate suspension of the death sentence given to its former Navy officer by a Pakistan military court.
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.
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.
| 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.
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”.
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.
International Court of Justice has no jurisdiction to hear case of Indian RAW agent as it pertains to the security of Pakistan: Pakistan Foreign Office Spokesperson Nafees Zakaria
Judge Ronny Abraham is reading out the verdict in Kulbhushan Jadhav case. The 11-judge bench will pronounce the verdict. The court said it has jurisdiction in the case because of Vienna Convention, dismisses Pak reservations on this issue, says ICJ
It appears that under Pakistan law Kulbhushan Jadhav would have 40 days to appeal but it is not known whether he has done so. India said Kulbhushan Jadhav’s mother has filed an appeal and petition to pakistan government both handed over to Indian High Commission: ICJ
Vienna convention doesn’t exclude those found guilty under terror and espionage…Court considers that it has prime faci jurisdict under article i to entertain dispute of the parties: ICJ
The circumstances of Kulbhushan Jadhav’s arrest remains disputed…Article 36 of Vienna Convention cannot be applied in Kulbhushan Jadhav’s case, says ICJ
Court rejects Pakistan’s contention that 2008 case excludes ICJs jurisdiction…All state parties to Vienna convention have right for consular access in another state parties entitled to respect to right of their nationals: ICJ
India should have been granted consular access as per Vienna convention…The Court may only decide if these rights are plausible…Right invoked by India are plausible: ICJ
ICJ overrules Pak’s arguments:
1) Vienna Convention is exclused for those in espionage case
2)2008 bilateral treaty ousts ICJ’s jurisdiction
ICJ says India has successfully established links between ‘provisional measures’ and India’s rights to claim so.
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
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.
Until the court gives final verdict Pakistan should seize off the matter…The decision to stay Kulbhushan Jadhav’s execution pending ICJ hearing is unanimous: ICJ President.
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…
Celebration has begun outside Kulbhushan Jadhav’s house in Powai after the International Court of Justice stayed death sentence. People chanting Bharat Mata Ki Jai.
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.
Prime Minister Narendra Modi expresses satisfaction at the judgement of International Court of Justice on Kulbhushan Jadhav.
This is a victory of crores of Indians & the truth. I want to congratulate the government: Dalbir Kaur (Sarabjit’s sister) on International Court Justice verdict on Kulbhushan Jadhav. (reported ANI)
