Modi welcomes ICJ's stay of Jadhav's execution

Joy Montgomery
May 19, 2017

The ICJ also instructed Pakistan to take all "necessary measures at its disposal" to ensure that Jadhav was not executed pending a final decision by it.

Kulbhushan Jadva's friends expressed satisfaction and joy after the International Court of Justice (ICJ) stayed his execution by a Pakistan military court.

"Now lest hope that the next step, the final push which will happen in some time in August that also comes Indians way and that's the time we can see Mr.jadhav come back home", he added.

In an emergency hearing swiftly organised on Monday, lawyers for New Delhi had urged the International Court of Justice (ICJ) to halt the execution of Kulbhushan Sudhir Jadhav.

The officer, Kulbhushan Jadhav, was convicted in Pakistan and sentenced to death on April 10.

Pakistan maintained that the ICJ need not intervene as it had adhered to a 2008 bilateral treaty with India that supersedes the Vienna pact by stating that the right to consular access can be waived where "national security" is at risk. The UN's top judicial body said Jadhav, a former Indian naval officer, should be given consular access.

"Justice has been served and it is proven that Pakistan's courts are mere kangaroo courts and nothing else", one friend Sachin Kale told AFP.

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The president of the court, Ronny Abraham, will read out the decision at midday (1000 GMT).

India's case on Kulbhushan Jadhav has been "emboldened' and "invigorated" with the first round of victory at the ICJ, senior advocate Harish Salve said".

Pakistani representative Mohammad Faisal showed judges a copy of an Indian passport he said Jadhav was carrying at the time of his detention, which bore the name Hussein Mubarak Patel, calling it an "obvious indication of covert and illegal activity".

Besides, Jadhav's trial in a military court "flouted all norms of global relations".

Meanwhile, Pakistan has said that the order of the International Court of Justice (ICJ) is not binding on them. "It is appreciated that the World Court saw reason in the Indian appeal", he said in a statement here. But Pakistan would be hard put to flout the interim order.

The case - a rare foray for the two nations into the worldwide courts - has highlighted the recent sharp upsurge in tensions between the nuclear-armed rivals.

China, a member of the Security Council, can veto the Jadhav case order in favour of Pakistan. Prime Minister Narendra Modi "will leave no stone unturned to save" Jadhav, she tweeted.

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