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UN court orders Pakistan not to execute Indian 'spy' Kulbhushan Jadhav

20 May 2017

In the meantime, yesterday a 11-judge bench of the International Court of Justice stayed the execution of Indian national Kulbhushan Jadhav by Pakistani military court until further notice, while observing that prima facie the Vienna Convention will apply in the Kulbhushan Jadhav case.

Defence and Finance Minister Arun Jaitley on Thursday termed the International Court of Justice decision on Kulbhushan Jadhav a great victory for the rule of law and his trial in Pakistan as a "mockery" of justice.

"Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in these proceedings", the court said. The ICJ notes that Pakistan had given no assurance Jadhav would not be executed before the court gives its final decision.

Pakistan, on the other hand, wanted the ICJ to acknowledge its argument that the bilateral agreement on consular access takes precedence over the VCCR.

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The Finance Minister, who is in Srinagar to attend the two-day GST Council meeting, said the order issued by the ICJ at The Haque was a vindication of India's stand. While not commenting specifically on the order to halt the execution, the office said in a statement that Jadhav "still has ample time to petition for clemency".

"The ICJ has stated that by way of provisional measures, the status quo be maintained in the case of Jadhav".

The Pakistan Tehreek-e-Insaf has submitted a resolution in Punjab Assembly against the stay of International Court of Justice in an Indian spy's case. He was convicted in April by a Pakistani military court and sentenced to death.

Foreign Office spokesman Nafees Zakaria said Pakistan had already made it clear it doesn't accept the United Nations' highest court's jurisdiction in national security matters. Pakistan has long accused India of fueling an ongoing insurgency in its restive Balochistan Province.

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Pakistan has said that Jadhav has until August to seek mercy.

As per the procedures involved, ICJ president Ronny Abraham is now expected to meet representatives of both nations to prepare a timeline for the filing of written submissions to take the case forward.

The ICJ asserted its jurisdiction over the case of the 46-year-old former Indian Navy officer while noting that the circumstances of his arrest remain disputed. "It is appreciated that the World Court saw reason in Indian appeal and could see through the false Pakistan propaganda by rightly turning down their request to play the purported confessional video during hearing earlier", Azad said.

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

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