Kulbhushan Jadhav case: Five reasons why ICJ ordered Pakistan to stop execution


The International Court of Justice today ruled that Pakistan should take "all measures at its disposal" to prevent the execution of Kulbhushan Jadhav till ICJ announces its final judgement.

According to media reports, the judge Ronny Abraham, President of the ICJ, reading out the court verdict also asked Pakistan to inform it of all the measures it has taken to implement the order.

"The Government of India hopes the ICJ's order would remedy the violations of Jadhav's rights and the violations of the global convention by Pakistan". Moreover, Judge Bhandari emphasszes that Pakistan's denial of consular access has determined a situation in which India has no direct knowledge of the charges against Jadhav, as well as of the proceedings against him in the Pakistani military court. "This means that there is a risk that an execution could take place at any moment thereafter, before the Court has given its final decision in the case". Article 36 (1) of the Vienna Convention states that "consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation".

Union Information and Broadcasting Minister M. Venkaiah Naidu said that India will seek consular access to Jadhav again.

Pakistan claims the Vienna Convention did not apply to a "spy" involved in terror activities and said India was using the world court as a stage for "political theatre".

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India had dragged Pakistan to the ICJ on May 8 for refusing consular access to Jadhav and for violating the Vienna Convention on consular relations. But Pakistan would be hard put to flout the interim order.

"Although Kulbhushan's case does not fall in the jurisdiction of the ICJ but Pakistan accepts its decision", he added.

"After India stood exposed in state sponsored terrorism and financing terrorism, it tried to divert attention from presenting the Kulbushan Jadhav case with a humanitarian angle", he said.

A former Pakistan attorney general Irfan Qadir also expressed shock at the ICJ's decision.

"ICJ has only granted formal stay on the death sentence of Jadhav", he maintained. The current Indian National Security Adviser Ajit Doval is considered to be the architect of this policy called "offensive defensive" that advocates a policy of supporting proxies to create trouble inside Pakistan. But death sentences have rarely been issued in recent years.