Ensure Kulbhushan Jadhav is not executed, give India consular access: ICJ to Pak

THE HAGUE: The International Court of Justice (ICJ) on Thursday stayed the execution of Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistan military court on charges of espionage and subversive activities. In a major boost to India, which has moved the UN's highest judicial body against the death sentence, the ICJ instructed Pakistan to take all "necessary measures at its disposal" to ensure that Jadhav was not executed pending a final decision by it. The International Court of Justice directed Pakistan that it must take “all measures at its disposal” to prevent the execution of an Indian national, Kulbhushan Jadhav, pending final judgment of the Court. Asserting its jurisdiction over the case, the court backed India's contention that there has been a violation of the Vienna Convention on Consular Relations as New Delhi's requests for consular access to its national had been denied 16 times. The Court also stated that Pakistan shall inform it of all measures taken in implementation of that Order. It further decided to remain seised of the matters which form the subject of the Order until it has rendered its final judgment. It also noted the urgency of the case since Pakistan had given "no assurance that Mr. Jadhav will not be executed before the Court has rendered its final decision". The decision of the 11-judge bench was unanimous, ICJ President Ronny Abraham said while reading out the verdict.

#KulbhushanJadhav's friends in #Mumbai hail #ICJverdict pic.twitter.com/vgyqHiKicu

— ABP News (@abpnewstv) May 18, 2017

PM @NarendraModi expresses satisfaction at the judgement of International Court of Justice in #KulbhushanJadhav case. (PTI) — ABP News (@abpnewstv) May 18, 2017

The ICJ said that India should have been granted consular access to its national as per the Vienna Convention to which both countries have been signatories since 1977. Highlights:

• Pakistan should not execute Jadhav pending final proceedings
• India should have been given consular access as per Vienna convention: ICJ Judge Ronny Abraham
• Issue of consular access falls under our jurisdiction, says ICJ
• The circumstances of Kulbhushan Jadhav's arrest remains disputed, says ICJ judge.
• Prima facie, the ICJ observes that it cannot conclude that the Vienna Convention does not apply in this case. 
• ICJ reading out verdict in Kulbhushan Jadhav case

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. India had  filed its Request for the indication of provisional measures on 8 May 2017, the same day that it initiated proceedings against Pakistan in a dispute concerning alleged violations of Article 36 of the Vienna Convention on Consular Relations of 24 April 1963 with respect to an Indian national, Kulbhushan Jadhav, sentenced to death in Pakistan. The ruling came three days after India and Pakistan gave their submissions in the case. Pakistan claims its security forces arrested Jadhav from its restive Balochistan province on March 3 last year after he reportedly entered from Iran. However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Indian Navy. Jadhav's case is the latest flashpoint in the tensions between Pakistan and India. On May 8, India moved the ICJ against the death penalty, alleging violation of the Vienna Convention on Consular Relations. On May 9, the global court stayed the death sentence as a provisional measure