World Court orders Pakistan temporarily not to execute alleged Indian spy

May 19, 2017, 06:54
World Court orders Pakistan temporarily not to execute alleged Indian spy

While Indian partisans celebrated the court order, experts said Pakistan's powerful military could still take the high-risk decision to proceed with the execution and defy the court - for which there is precedent.

International Court of Justice (ICJ) gave its verdict today, ruling in favour of India in the Kulbhushan Jadhav case.

"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 on Monday, India had accused Pakistan of "egregious violations of the Vienna convention" by denying Mr Jadhav, a former navy officer, of legal counsel and consular access and refusing to reveal the charges or evidence against him.

In April, a Pakistani military court sentenced him to death. Islamabad has rejected 16 Indian requests for consular access to Jadhav, held at an unknown prison in Pakistan.

By consuming the India's petition the ICJ president Ronny Abraham wrote to Pakistani Prime Minister Nawaz Sharif to stop the death sentence of Kulbhushan until the ICJ declares the final verdict in this case.

India had then used its declaration of 1974, which states the United Nations court would have no jurisdiction in disputes between Commonwealth states, to successfully argue that it could not take up the Atlantique case.

The ICJ, also known as the World Court, was set up in 1945 to rule on disputes between states in accordance with worldwide law.

But India has maintained he is not a spy, and that he was kidnapped by Pakistan.

Pakistan sought to play down the significance of the order. "The ICJ's verdict in this case is binding for both India and Pakistan".

Established by the UN Charter in June 1945, the International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

"And the decision which the International Court of Justice has given is very fair and needs to be implemented in letter and spirit by Pakistan", said Kapoor.

Jadhav's case is the latest flashpoint in the tensions between Pakistan and India.

She also thanked senior lawyer Harish Salve who was India's attorney at the Hague and argued the case before the global court.

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.

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