Big Win for India, ICJ Stays Jadhav’s Execution For Now

Get live updates on Kulbhushan Jadhav’s judgement by International Court of Justice at The Quint.

Indian national Kulbhushan Jadhav has been accused of espionage by Pakistan and was sentenced to death on 10 April 2017. (Photo: The Quint)

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• The ICJ unanimously stays Indian national Kulbhushan Jadhav’s death sentence until its proceedings are over.
  
• The bench of judges observed that the dispute is capable of falling under Vienna Convention.
  
• India should have been given consular access as per Vienna convention, the bench ruled.
  

Updated at:18th May, 2017 at 4:03 PM

Updated at:18th May, 2017 at 5:50 PM

Five Takeaways from the ICJ Verdict

Updated at:18th May, 2017 at 5:40 PM

'Pakistan Govt Doesn't Accept ICJ Order'

Pakistan does not accept the International Court of Justice's jurisdiction in matters related to national security, its Foreign Office said on Thursday after the UN court stayed the execution of Indian national Kulbhushan Jadhav.

Foreign Office spokesman Nafees Zakaria also hit out at India, saying the country has been "trying to hide its real face" by taking the case of Jadhav to ICJ.

“The real face of India will be exposed before the world. Pakistan will present solid evidence against Kulbhushan Jadhav in the International Court,” he said, adding that Jadhav has confessed his crimes of sabotage, terrorism and subversion activities not only once but twice.

Pakistan's Attorney General Ashtar Ausaf Ali said:

India has no substance in the case — provisional measures have no bearing whatsoever on Court’s final decision.

Also Read: Kulbhushan Jadhav Hearing: 3 Times ICJ Orders Fell on Deaf Ears

Updated at:18th May, 2017 at 6:31 PM

The Quint in Conversation With SC Lawyer Aishwarya Bhati on the ICJ Verdict

Updated at:18th May, 2017 at 5:45 PM

Diplomatic Win for India, Politicians React

Congratulatory messages came pouring in after the verdict.

After the ICJ verdict, AG Mukul Rohatgi said:

Indian stand is victorious. I congratulate all concerned persons,especially the External Affairs Ministry. I hope that final decision also comes in India’s way and we can see Mr Jadhav come back home. The entire thing was a charade. Pakistan has been completely blown by this decision.The decision is certainly binding for both states.

Minister of External Affairs Sushma Swaraj took to twitter to congratulated Harish Salve for presenting India’s case. She also thanked PM Modi’s leadership.

Speaking on Republic TV, Harish Salve who represented India at the International Court of Justice:

The court had an objection with the fact that Jadhav was not granted consular access. Pakistan will face sanctions from the UN if it doesn’t comply with the ICJ’s order.

Quoting sources, ANI reported that PM Modi spoke to EAM Sushma Swaraj to express his satisfaction after the ICJ order. He also appreciated the efforts of Harish Salve and and his team.

Updated at:18th May, 2017 at 6:31 PM

Celebrations Erupt Outside Kulbhushan Jadhav's Residence

Updated at:18th May, 2017 at 4:55 PM

Read the full verdict delivered by the ICJ at The Hague.

Updated at:18th May, 2017 at 4:42 PM

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The Quint in Discussion With Bharat H Desai, Professor of International Law, JNU

Updated at:18th May, 2017 at 4:10 PM

Updated at:18th May, 2017 at 4:21 PM

ICJ Unanimously Stays Death Sentence

The ICJ unanimously stayed Indian national Kulbhushan Jadhav’s death sentence until its proceedings are over. It also reminded Pakistan that this order is legally binding upon them.

Updated at:18th May, 2017 at 4:19 PM

Watch the Verdict Live

Updated at:18th May, 2017 at 3:30 PM

India Should be Given Consular Access as per Vienna Convention: ICJ

A bench of 11 judges will be pronouncing the verdict soon.

The ICJ is only ruling on provisional measures pending a final adjudication.

When the jurisdiction of the court is founded on particular treaties, it becomes irrelevant to consider other possible basis of jurisdiction. In the view of the Court, this is sufficient to establish that it has prima facie jurisdiction under Article I of the Optional Protocol.

The bench talked about the consular access that was denied by Pakistan to Kulbhushan Jadhav.

The ICJ also said that India’s bilateral treaty with Pakistan in 2008 doesn’t prevent India from gaining consular access to Kulbhushan Jadhav.

India should have been given consular access as per Vienna convention.

Dismissing Pakistan’s reservation, the bench of judges observed that the dispute is capable of falling under Vienna Convention. It further noted that the Vienna Convention doesn't exclude those found guilty under terror and espionage.

The court considers it had prima facie jurisdiction under Article 1.

In view of the court, the ICJ said, the rights invoked by india under Article 36 are plausible.

Updated at:18th May, 2017 at 4:45 PM

What Happens if the Verdict is Against Pakistan

If the verdict goes against Pakistan, then the country cannot go to a higher court. If they refuse to follow the order, then the case will be taken to the security council, where it will be debated by the 15 members of the council.

China, which is one of the members of the UN security council has veto powers and has often exercised it in favour of Pakistan.

Updated at:18th May, 2017 at 3:27 PM

The International Court of Justice (ICJ) will pronounce its verdict on the Kulbhushan Jadhav case on Thursday around 3:30 pm.

This comes 10 days after India approached the ICJ demanding immediate suspension of the death sentence given to its former navy officer by a Pakistan military court on 10 April 2017.

The ICJ, the principal judicial organ of the United Nations, will deliver its Order on the request for the indication of provisional measures made by India in the Jadhav Case (India v. Pakistan), tomorrow on Thursday 18 May 2017.

ICJ Press Release

Also Read: Kulbhushan Jadhav Hearing: 3 Times ICJ Orders Fell on Deaf Ears

Updated at:18th May, 2017 at 8:56 AM

India, whose request for consular access to Jadhav was turned down 16 times, had approached the ICJ on 8 May, accusing Pakistan of “egregious violations of the Vienna Convention” and conducting a “farcical trial” for convicting Jadhav without a “shred of evidence”, following which the court had stayed his execution.

During its submission to the ICJ on 15 May at a public hearing, India had demanded the immediate annulment of Jadhav’s death sentence, expressing fears that Pakistan could execute him even before the hearing at the ICJ was over.

Jadhav was arrested on 3 March last year and sentenced to death by the Pakistani military court on charges of espionage and subversive activities.

While India asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy, Pakistan claims to have arrested Jadhav from its restive Balochistan province.

(With inputs from PTI)

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Updated at:18th May, 2017 at 8:56 AM