Kulbhushan Jadhav's death sentence stayed by International Court of Justice

ICJ stayed his execution following India's submission that Jadhav was kidnapped from Iran where he was involved in business after retiring from the Navy.

Published: 10th May 2017 12:10 AM  |   Last Updated: 10th May 2017 01:31 PM   |  A+A-

A video grab of Kulbhushan Jadhav’s statement released by Pakistan. India has said that Jadhav was tortured and video was recorded under immense pressure | Express Photo Service

By Express News Service

NEW DELHI: In a major diplomatic victory, India has secured stay on former Indian Navy officer Kulbhushan Jadhav's hanging under the Vienna Convention on Consular Access from the International Court of Justice. The move,  well kept secret,  also signals shift in New Delhi's position of not seeking international intervention in the case. 

External Affairs Minister Sushma Swaraj called up Jadhav's mother to inform her of the development. The international court of justice has given the order under Article 74 Paragraph 4 that stipulates order indicating provisional measures without waiting for oral hearing. India had moved the ICJ on May 9 and since then it was quiet Diplomacy at work. 

India has so far been denied access to Jadhav 16 times.  In its plea,  New Delhi represented  Harish Salve,  contended that Islamabad has denied Jadhav his rights by denying him consular access and that New Delhi came to know of the verdict through a press release. ICJ's President has already written to Pakistan in this regard. 

Experts say the decision would provide some "breathing space" to India to save Jadhav from Pakistan Military Court's verdict. ICJ President has already written to the Pakistan government. India in its petition has sought annulment of the verdict and in case Pakistan can not do it to declare the decision violation of international norms. 

Also Read: India asks Pak for certificate on Kulbhushan Jadhav's health condition

The verdict will be kept in abeyance till the ICJ in the Hague doesn't hear the petition, Ministry of External Affairs sources said.   

The Indian establishment is not aware about the well being or whereabouts of Jadhav, who New Delhi alleges was kidnapped from Chahbahar port in Iran where he was working. 

Read: Pakistani Military court had no jurisdiction: Defence experts on Jadhav execution stay

The verdict from Pakistan's Field Marshall Court had brought the two countries to the brink with India saying that it will treat Jadhav's execution as 'premeditated murder'. 


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