India gets a boost as ICJ stays Jadhav's execution

19 Mai, 2017, 17:45 | Author: Marc Bacque
  • ICJ ordered Pakistan not to execute Kulbushan Jadhav

However, he said Pakistan "will present solid evidence against the Indian spy in the International Court".

The Pakistan Tehreek-e-Insaf (PTI) on Thursday asked the government to explain its position on the International Court of Justice's (ICJ) decision to stay the execution of Indian spy Kulbhushan Jadhav while raising several questions. The ruling came three days after India and Pakistan gave their submissions in the case.

While presenting arguments, Pakistani counsel had informed ICJ that Jadhav, 46, was arrested in March past year in the restive Balochistan province. Several leaders also commended the role of external affairs minister Sushma Swaraj for acting promptly after the Pakistan military court awarded death penalty to Jhadhav.

The 46-year-old was allegedly arrested in Balochistan in March 2016 and a Pakistani military court convicted him of espionage and sabotage this April.

Thrilled by the verdict, people in Mumbai and Satara burst firecrackers and distributed candies after the ICJ ordered Pakistan to ensure Jadhav was not hanged till the final outcome in the case.

The bench also observed that the 150-day period for clemency given by Pakistan, which ends in August suggests execution can happen immediately thereafter.

But Pakistani representatives accused New Delhi of "political grandstanding" and told the court Jadhav "has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan".

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Islamabad has also noted that Jadhav's sentence remains subject to appeal and he is no immediate danger of execution.

According to Kumar, at this stage, it would probably be in India's interest to stretch the ICJ case as long as possible, as this would at least ensure that in keeping with today's order Jadhav is not executed by Pakistan while the case is pending before the ICJ.

Pakistan Foreign Office spokesman Nafees Zakaria hit out at India for "trying to hide its real face" by taking the Jadhav case to the world court. Here is more. The fact that both countries are signatories to the Vienna Convention, has played out well for India to flex its legal muscle at ICJ.

"Examining India's argument that is a risk of irreparable prejudice, it said, "...

On Thursday, Justice Ronny Abraham of the ICJ asserted that the Kulbhushan Jadhav's case was indeed debatable, and added that the ICJ had prime facie jurisdiction in the case. "The United Nations should also take a serious note of it".

India has maintained that Jadhav was abducted from Iran, where he was pursuing his business, and passed off as a spy. He said Pakistans 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. "The court has said nothing on the merits or maintainability of the case". This is an implicit acceptance by Pakistan that it was outfoxed and the Jadhav judgment has proven to be a diplomatic and legal disaster.

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