THE HAGUE – The International Court of Justice (ICJ) has announced its verdict on the Kulbhushan Jadhav case today (Thursday) and held his death sentence until the final verdict.
The International Court of Justice ruled that, “Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in these proceedings.”
“Court considers it a failure on the part of Pakistan to present counselors to Jhadav,” said President Ronny Abraham who announced the verdict. “A link exists between the rights invoked by India and the provisional measures being sought by the state,” he continued.
ICJ admitted that Pakistan has proven that Jadhav is an Indian citizen, and he did not appeal against the decision that was made against him during the 40-day period. India can only be given relief after providing sufficient evidences as Article 36 of Vienna Convention does not apply on this case, remarked the president.
Jadhav, a former Indian naval officer, has been sentenced to death after being convicted of espionage by a Pakistani military court.
The international court had conducted a hearing of the petition filed by India on May 15. Counsels of the two states, Pakistan and India had concluded their arguments following which the panel had reserved the verdict.
Pakistan had maintained that it was beyond jurisdiction of the court to hear such a case.
Counsel for Pakistan Khawar Qureshi maintained that responsibility to punish terrorists lies with all of the countries. Qureshi said that the issue at hand concerns national stability of Pakistan and ICJ does not have the jurisdiction to rule over such case.
Pakistan would not be deterred in fight against terrorism and those sponsoring terror could not shake its resolve, the counsel added. Qureshi said that India owns Jadhav as its national and that there should be no interference on Pakistani soil.
India, till date, has not presented Jadhav’s birth certificate and passport, he added.
Earlier that day, a 13-member Indian legal team presented arguments which were branded weak by experts of the law.
The international court had then adjourned the hearing and reserved the verdict.
This was the second time that Pakistan and India have taken an issue to the International Court of Justice. Earlier in 1999, Indian forces had shot down an unarmed aircraft of Pakistan Navy that flew at least two kilometers inside the territory.
ICJ took up the plea filed by Pakistan seeking USD60 million in compensation from New Delhi. However, the ICJ ruled that the issue was beyond its jurisdiction.
Kulbhushan Jadhav, an agent of India’s Research and Analysis Wing (RAW), was sentenced to death for his involvement in espionage and sabotage activities in Karachi and Balochistan.
After the verdict, India moved to the International Court of Justice against the death sentence and termed the conviction in its application as “egregious violations of the Vienna Convention on Consular Relations.” India stated that it had been repeatedly denied consular access to Jadhav.