The International Court of Justice to has directed Pakistan not to hang Kulbhushan Jadhav until it rules on the merits of the case. The ICJ held that it would give a ruling on the merits of the case and until such time the former naval officer accused by Pakistan of being a spy cannot be hanged. The final order of the ICJ is expected in August.
The court held that the circumstances of Jadhav's arrest remains disputed.
Pakistan shall take all measures at its disposal to ensure that no execution takes place until the disposal of the petition, the ICJ held.
The court reaffirms that its orders under provisional measures are binding and create a legal obligation," up countries that are signatories to the Vienna Convention, Ronny Abraham the President of the ICJ observed.
The court directed Pakistan not to carry out the execution of Kulbhushan Jadhav. India and Pakistan have been part of the Vienna convention and also to the optional protocol, the ICJ said in the order. The court said it had jurisdiction over the disputes arising out of the Vienna convention. India has maintained that Jadhav should have been afforded consular, Pakistan said that it could be given if India assist in the investigation, the court observed. The court said it had jurisdiction to entertain the dispute between the two parties.
The ICJ held that consular access is a right and Pakistan should have accorded the same to India. Pakistan had contended that this would not be applicable in cases of espionage and terrorism.
India said that it feared that Jadhav would be hanged before the hearing is concluded. Hence an urgent order is needed. India also said that the trial against Jadhav was farcical and hence he was urging for provisional measures.
Harish Salve representing India said in his arguments said that Pakistan had violated the Vienna pact. India repeatedly stated that over 16 requests for consular access were denied. Even Jadhav's mother appealed for access but the same was denied, Salve argued. The situation is grave and urgent, Salve also said.
Further India refuted Pakistan's claim that Jadhav was a spy. He was kidnapped from Iran. The appeal has been filed as a desperate measure Salve said while calling for the suspension of the sentence.
Pakistan during its arguments sought to broadcast the confessional video of Jadhav. The ICJ however did not permit the same. Pakistan said that there are flaws in the defence taken by India. It also said that the request made by India is flawed while seeking that India's application be dismissed.
The ICJ had stayed the execution of Jadhav by Pakistan last week. India ie being represented by one its best advocates Harish Salve who had on the last date argued and obtained a stay.
India has for the second time since 1971 moved the ICJ and this is an indicator of growing confidence in facing multilateral forums. India would argue that several requests for consular access had been rejected by Pakistan and hence the sentence be put off. India would also contend that Jadhav was sentenced on wrong evidence and hence the sentencing be set aside.
Pakistan on the other hand would contend that Jadhav was sentenced on the ground that he was undertaking subversive activities. Pakistan would also question the jurisdiction of the ICJ in interfering in the matter.