ICJ orders continued stay on Kulbushan Jadhav's execution

Self-confessed Indian spy Kulbushan Jadhav

Self-confessed Indian spy Kulbushan Jadhav

The 48-year-old former Naval officer, Kulbhushan Jadhav, was sentenced to death by a Pakistani military court on charges of espionage and terrorism on April 11, 2017.

While India has argued that Pakistan has violated the Vienna Convention on Consular Relations by denying access to Jadhav, Pakistan has said he is not entitled to consular access because he is a spy who illegally entered the country in order to create "unrest and instability".

However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.

Relations between nuclear neighbors India and Pakistan have warmed slightly in recent days after several tense months following border skirmishes in the disputed region of Kashmir in February. The court, however, rejected India's demand that Jadhav be released and allowed to return to his country.

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3 March 2016: Kulbhushan Jadhav, retired navy officer accused to be an Indian Intelligence agency RAW's operative arrested in Balochistan.

New Delhi said that the use of military courts for the trial of civilians is violative of due process standards of the ICCPR, and also of the minimum standards recognised as principles of worldwide law.

Pakistan has denied India's requests for consular access to Jadhav multiple times. However, India says he was kidnapped from Iran, where he was running a business.

Reading out the verdict, President of the Court Judge Abdulqawi Ahmed Yusuf ordered an "effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav".

Meantime, Indian Prime Minister Narendra Modi tweeted that "we welcome today's verdict".

Flanked by English Queen's counsel Barrister Khawar Qureshi, a 13-member Pakistani delegation led by Attorney General Anwar Mansoor along with Director General South Asia Dr Muhammad Faisal and comprising officials of the Ministry of Law and the Ministry of Foreign Affairs, was present in the courtroom. His execution has been restrained by the ICJ till the adjudication of the case.

It observed that even Pakistan had acknowledged the fact that Jadhav was an Indian national.

The worldwide court also ordered Pakistan for "effective review and reconsideration of the conviction and sentence", according to a document on the court's website.

"It protected Kulbhushan Jadhav from being executed, in a hearing which was put together in a matter of days", said Salve at a press conference. In that case, Pakistan will have to immediately release Jadhav and facilitate his safe travel to India. In 2013, the court essentially gave a nod to both sides: On the one hand, it ruled in India's favour by stating that Kishenganga was a run-of-the-river structure and that New Delhi could divert water for power generation.