The Hague, Netherlands: A 11-judge bench of the International Court of Justice on Thursday stayed the execution of Indian spy Kulbhushan Jadhav by Pakistani military court until further notice, while observing that prima facie the Vienna Convention will apply in the case.
The court delivered its verdict on Indian appeal seeking to stop Pakistan from carrying out death sentence imposed on RAW spy Jadhav.
One of the ICJ judges is an Indian — Justice Davleer Bhandari. He has served as judge of the Indian Supreme Court, reports said.
3:24 pm: Pakistan also has to inform the court about measures being taken.
3:23 pm: Pakistan should take all measures at its disposal to ensure that Jhadav is not executed till the disposal of this hearing: ICJ
3:21 pm: ICJ stays Jadhav death sentence, will not be executed before the court has given its final decision.
3:18 pm: Rights invoked by India under the Vienna Convention are plausible.
3:15 pm: All parties under Vienna Convention have rights to provide consular assistance to their nationals, says ICJ
3:13 pm: ICJ rules it has prima facie jurisdiction to take up the case of Jadhav
3:12 pm: India should have been given consular access as per Vienna convention: ICJ Judge Ronny Abraham
3:11 pm: Failure to allow consular access may fall under Vienna Convention, says ICJ
3:10 pm: Jadhav should have been given consular assistance under Vienna Convention, says Judge Abraham
3:08 pm: India requested consular access, says Judge Ronny Abraham
3:05 pm: Pakistan had sought India’s assistance in investigation, observes Judge Ronny Abraham.
Read complete verdict here:
ICJ President Ronny Abraham read out the verdict at the moment at The Hague.
The International Court of Justice conducted an emergency hearing on Monday days after India lodged its case, appealing the court to order Islamabad to suspend its Jadhav’s execution.
Jadhav was arrested last year and sentenced to death by Pakistan’s military court of espionage and sabotage activities against Pakistan.
Shortly after his arrest, Pakistan Army released a video in which he was shown admitting involvement in spying for Indian agency RAW.
The president of the UN court, Ronny Abraham, read out the decision.
The case — a rare foray for the two nations into the international courts — has highlighted the recent sharp upsurge in tensions between the nuclear-armed rivals.
India has denied Jadhav was a spy, and accused Pakistan of “egregious violations of the Vienna convention” by denying him access to legal counsel and consular visits, and refusing to reveal the charge sheet against him.
It wants the ICJ to decide whether Pakistan has broken the convention and international human rights law.
But in the meantime as the court considers whether to take up India’s case, New Delhi asked the tribunal to order a stay of execution until the end of the legal battle.
Indian lawyer Deepak Mittal told the tribunal that Jadhav was “an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges.
But Pakistani representatives told the court that Jadhav has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan.
The ICJ was set up in 1945 to rule on disputes between nations in accordance with international law.
The last time India and Pakistan took a dispute to the ICJ was in 1999 when Islamabad protested against the downing of a Pakistani navy plane that killed 16 people.
In that case, the tribunal decided it was not competent to rule in the dispute and closed the case. – Samaa/Agencies
Story first published: 18th May 2017