India petitions ICJ for stay in Kulbhushan Jadhav’s death sentence

Published: May 10, 2017
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Kulbhushan Jadhav. VIDEO SCREENGRAB

Kulbhushan Jadhav. VIDEO SCREENGRAB

India has moved the International Court of Justice (ICJ) to stay the death sentence handed to self-confessed Indian spy Kulbhushan Jadhav by a military court in Pakistan.

According to a statement issued by ICJ on Tuesday, India filed a petition with the court urging it to suspend Jadhav’s sentence and declare that it was arrived at “in brazen defiance of Vienna Convention rights”.

The petition states that Delhi was not informed of Jadhav’s detention until long after his arrest and that Pakistan failed to inform the Indian spy of his rights. It also accused Pakistani authorities of violating the Vienna Convention on Consular Relations by denying India consular access to Jadhav.

The petition urged ICJ to “restrain Pakistan from giving effect to the sentence and direct it to take steps to annul the decision.”

Self-confessed Indian spy awarded death sentence

“If Pakistan is unable to annul the decision, then this Court should declare the decision illegal… [and] direct it to release the convicted Indian national forthwith,” the petition added.

India also requested the ICJ for provisional measures “directing the Government of Pakistan to take all measures necessary to ensure that he [Jadhav] is not executed” until the court decides the case.

Meanwhile, Indian media outlets on Tuesday claimed that ICJ had already announced a stay order and had sent a letter in this regard to Prime Minister Nawaz Sharif.

Death verdict for spy has India seething

Indian External Affairs Minister Sushma Swaraj, in a post on Twitter, claimed she had spoken to Jadhav’s mother to inform her of the purported stay order.

“I have spoken to the mother of Kulbhushan Jadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court,” Sushma wrote. “Mr Harish Salve, Senior Advocate is representing India before International Court of Justice in the Kulbhushan Jadhav case,” she added in another tweet.

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Reader Comments (13)

  • Sajid Ansari
    May 10, 2017 - 12:51AM

    Kulbhushan was caught as a terrorist Not as a spy so has been dealt as other terrorists who have been hanged and he will also be hanged soon.
    There is no provision in Geneva Convention for terrorists so ICJ can’t do anything. Forget about him he is a dead man.Recommend

  • Ranjan Kaushal
    May 10, 2017 - 1:05AM

    It is unfortunate that people who were part of one land are now at each others throat. Pakistanis should realize that developing their country is more important than harbouring irrational enemity towards those with whom they share a common ancestry and heritage of thousands of years.Recommend

  • PakSal
    May 10, 2017 - 5:26AM

    What’s so special about him? Why is India trying to save this guy?Recommend

  • Tp
    May 10, 2017 - 6:27AM

    The statement from ICJ states that military courts have no jurisdiction on these matters. Pakistan should know the law before it takes such steps that can further muddy its reputation internationally.Recommend

  • Alien1
    May 10, 2017 - 8:38AM

    Oh no, pakistan has to provide proof now to the ICJ, which it does not have and none of the pakistanis understand the concept of proof. Recommend

  • Raju
    May 10, 2017 - 9:31AM

    ICJ cannot save him. He is a India sponsored terrorist and will be hanged soon.Recommend

  • Feroz
    May 10, 2017 - 11:18AM

    Stay has been granted.Recommend

  • Vectra
    May 10, 2017 - 1:35PM

    This is a trap set by India.Obey ICJ but have domestic civil military divide and Do not obey but give India a reason to scrap IWT completely for which Pakistan cannot even move ICJ with it case.Recommend

  • XoF
    May 10, 2017 - 1:42PM

    The butchers of Kashmir went to ICJ?Recommend

  • Waasay Uddin
    May 10, 2017 - 1:53PM

    Political establishment of Islamic Republic of Pakistan has nothing to do with this case, get your facts str8 mate.Recommend

  • LOL
    May 10, 2017 - 3:05PM

    LOOOL ‘superpower’ is begging at every door now ?Recommend

  • PakSal
    May 10, 2017 - 5:40PM

    @PakSal:
    What’s so special about him anyways? Why is India trying to save him? They haven’t done any such thing in the past, why now? :)Recommend

  • Take a Stay on India army presence in Kashmir
    May 11, 2017 - 3:42AM

    I find it Ironical how India which parrots – NO THIRD PARTY – and BILATERALISM in every issue such as KASHMIR, now runs with its tail in its hand to ICJ and brings stay from there. Perhaps, if India were to respect United Nations Resolutions on Kashmir which is a higher body than ICJ for dispute resolutions, Pakistani people might consider it.Recommend

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