Health Care

United Nations court stays Pakistan's execution of Indian spy

United Nations court stays Pakistan's execution of Indian spy

Giving clear stance on Indian spy Kulbhushan Jadhav's case, Defence Minister Khawaja Asif said it is an issue of Pakistan's national security and there will be no compromise on it.

Pakistan's Foreign Office said it did not accept the ICJ's jurisdiction in matters related to national security.

Jadhav, 46, was sentenced to death by a Pakistani military court and India approached the highest United Nations judicial body with the plea to stay his execution.

Abraham added that under the Vienna Convention, India should have received consular access to seek justice for the former Indian Naval officer. He said that the decision is a major victory for India.

Responding to a question, Rohatgi asserted that the ICJ's interim verdict on Thursday was binding on both India and Pakistan.

Shaiq Usmani, a retired judge of Pakistan's Supreme Court, told the media that Jadhav's case will go on in Pakistan until the ICJ gives it final decision.

In 1998, a Paraguayan man was executed for murder in Virginia despite the global court's order urging the United States to halt his execution in a similar case involving the right to consular access.

However, India, after being denied consular access for 16th time, dragged Pakistan to the ICJ on May 8 for violating the Vienna Convention.

Jadhav reportedly joined India's prestigious National Defense Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991. The court heard the accused was a serving officer in the Indian Navy and had been allegedly involved in carrying out espionage and sabotage in Pakistan's port city of Karachi and Balochistan province. The ruling of UN's top court has been viewed as a big win for India, which has accused Pakistan of violating an worldwide treaty that guarantees rights of foreign convicts.

The court said Pakistan had indicated that the execution would probably not take place before August 2017. On May 9, the global court stayed the death sentence as a provisional measure.

"The mere fact that Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India". In its plea to the court, India, represented by lawyer Harish Salve, had expressed the fear that Jadhav might be executed even while the hearing at the ICJ was on. The argument was rejected by the ICJ.


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