Jadhav case: ICJ to deliver verdict on death sentence by Pakistan shortly

UN court orders Pakistan to stay execution of Indian ‘spy

UN court orders Pakistan to stay execution of Indian ‘spy

Jadhav's death sentence also turned worldwide focus on Pakistan's infamous military justice system. He was convicted last month by a court martial and sentenced to death. It further made a decision to "remain seized of the matters which form the subject of the order", until it has rendered its final judgement.

He spoke to External Affairs Minister Sushma Swaraj to thank and appreciated efforts of advocate Harish Salve, who represented India in Jadhav case.

The provisional relief provided by ICJ is the first step in ensuring justice to Jadhav: MEA.

"It's a very basic thing which the court has done, given its ruling on a provisional measure which is basically a procedural process and I think that is about it", said Pakistan's ambassador to the Netherlands, Moazzam Ahmad Khan.

Islamabad has rejected 16 Indian requests for consular access to the former Indian Navy officer, held at an unknown prison in Pakistan.

Meanwhile, the Attorney General Office vowed to take the case to its logical end.

The final verdict is expected in August. "It is clear that as long as a final decision does not come Jadhav should be safe", he said, adding that the ruling would help in finding remedy to "violation of Jadhav's rights and also the violation of global convention by Pakistan". He said Pakistan's reply to ICJ was in line with Article 36 (2) of the Vienna Convention that Pakistan does not recognise the jurisdiction of the ICJ in this case.

In an emergency hearing on Monday held only days after India lodged its case, lawyers for New Delhi called on the International Court of Justice (ICJ) to order Islamabad to suspend its execution of Kulbhushan Sudhir Jadhav.

Court president Ronny Abraham said the court unanimously ordered Pakistan to "take all measures at its disposal to ensure that Mr Jadhav is not executed". But death sentences have rarely been issued in recent years.

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"Findings from the UN Committee Against Torture €" on the countries it examined during its latest session from 18 April to 12 May: "Afghanistan, Argentina, Bahrain, Lebanon, Pakistan and Republic of Korea €" cover positive aspects of how the respective country is implementing the convention against torture and other cruel, inhuman or degrading treatment or punishment, and also main matters of concern and recommendations. He added that the ICJ verdict had shown that the military court trial by Pakistan was a "charade", and that the neighbour had been completely "blown away" by it.

Representing India, lead attorney Harish Salve said, "The execution of the death sentence can not be done while this court is hearing the appeal".

"If Pakistan says it will not implement the United Nations court ruling, India can go to Security Council and ask for sanctions against Pakistan for breach of the ICJ judgement", said the lawyer.

He said the matter of consular access was not included in operational order of the court.

The circumstances of Jadhav's arrest remain disputed, Judge Abraham said while reading out the world court's verdict.

Counsel for Pakistan Khawar Qureshi maintained that responsibility to punish terrorists lies with all of the countries.

The court reasoned that Pakistan's failure to grant access "appear [s] to be capable of falling within the scope of the Convention".

Refuting Pakistan's contentions on the 2008 bilateral agreement, the court observed that "the existence of a 2008 bilateral agreement between the parties on consular relations does not change its conclusion on jurisdiction".

A Pakistan military court had awarded the death sentence to Jadhav, who was arrested on March 3 a year ago, last month for espionage and subversive activities. 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.

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