International Court of Justice stays Kulbhushan Jadhav's hanging


Maybe, it did not expect India to move ICJ.

Another defence expert Uday Bhaskar explained how important it was to move the ICJ for a decision on Jadhav's execution, inconsideration of the fact that Pakistan has turned down 16 requests from India for consular access to Jadhav.

India has said that denying consular access to Kulbhushan Jadhav forced it to approach the International Court of Justice (ICJ) in Hague to stop Pakistan from executing the ex-Indian Navy officer.

Noting that India has been informed by the ICJ that an action has been initiated on the "provisional measures" sought by New Delhi, External Affirs Ministry Spokesperson Gopal Baglay in New Delhi said there is "legal juridical procedure" that will be followed. The country's adviser to the prime minister on foreign affairs, Sartaj Aziz, told the media that Islamabad was still reviewing its own as well as India's position on the matter and even ascertaining whether the issue fell under the jurisdiction of the ICJ.

But the Pakistani army appeared defiant.

For Pakistani Prime Minister Nawaz Sharif, ICJ President Justice Ronny Abraham's letter asking him to stay the execution is a big setback.

Pakistan today accused India of using its national Kulbhushan Jadhav's death conviction to "divert" attention from its "state-sponsored" terrorism in the country.

Pakistan claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 past year after he reportedly entered from Iran.

Jadhav's sentencing has escalated tensions between the nuclear-armed neighbours, with Delhi slamming Islamabad for carrying out a "farcical" trial.

In New Delhi, the foreign ministry defended its decision to move the global court for the first time since 1971.

"Pakistan has denied consular access to Jadhav, who is an Indian citizen". India, in its appeal, contended that it was not informed of Jadhav's detention until long after his arrest and that Pakistan failed to inform the accused of his rights.

The protocol says any dispute arising out of the interpretation or application of VCCR shall lie within the jurisdiction of the ICJ. To retaliate by dragging India before ICJ on bilateral issues will not be easy because of India's 1974 decision.

The ICJ is the principle judicial arm of the United Nations and settles disputes between member states in accordance with worldwide law. That year, Pakistan had approached the court after India had shot down one of its military aircraft over the Rann of Kutch.

The Hague-based ICJ stayed the hanging following India's submission that Jadhav was kidnapped from Iran where he was involved in business after retiring from the Indian Navy. The court accepted the argument.

Jadhav confessed before a magistrate and court that he was tasked by Indian spy agency, the Research and Analysis Wing (RAW), to plan, coordinate and organise espionage and sabotage activities seeking to destabilise and wage war against Pakistan by impeding the efforts of law enforcement agencies for the restoration of peace in Balochistan and Karachi, the ISPR said.