Relief in India as United Nations court orders Pakistan not to execute Jadhav

ICJ has no jurisdiction over national security matters FO
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ICJ has no jurisdiction over national security matters FO 0

This soul-searching comes a day after the International Court of Justice (ICJ) ruled that Pakistan should stay Jadhav's execution pending its decision in the case filed by India.

"Pakistan's security is so important and we have to maintain our fundamental sovereign right", Sartaj Aziz said.

Justice Abraham said Pakistan had also failed to give any assurance that Jadhav would not be executed before the court delivered its final decision. "There is considerable uncertainty as to when decision on any appeal is rendered or when Jadhav will be executed", said ICJ President Judge Ronny Abraham.

"Unless a person has access to his own consulate he can't even get a counsel of his own choice..."

India has argued that Jadhav was wrongly convicted for spying.

The top United Nations court also said that Pakistan should have given consular access to India as per Vienna Convention.

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.

While this is an interim order, for India it marks a significant diplomatic victory. However, Justice Usmani said Jadhav can not be executed until the final decision of the ICJ is announced.

"Pakistan should not execute Jadhav pending final proceedings".

Invoking the Optional Protocol of the Vienna Convention, India had contended that the International Court of Justice has the jurisdiction to take up the Jadhav death penalty case.

Jadhav, a former Navy officer, was arrested in March 2016 from Balochistan, Pakistan claimed. "The party hopes that good sense will prevail upon Pakistan to respect the verdict and free Jadhav", the Left party added.

National Assembly Speaker Ayaz Sadiq on Friday said that Indian spy Kulbushan Jadhav's issue should not be politicised. In April this year, a Pakistani military court found him guilty of spying and sentenced him to death.

India has appealed to the world court that Pakistan did not heed an worldwide treaty that granted diplomatic immunity to foreign nationals charged with capital crimes.

Indian Minister for External Affairs Sushma Swaraj tweeted, "The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India".

The International Court of Justice in its order said that the arguments put forward by the Pakistan were not sufficient to deny rights invoked by India.