Kulbhushan Jadhav’s hanging stayed: Pakistan attacks India, Modi govt says ‘will do everything to save him’

Reacting to the verdict, Pakistan said it will present solid evidence against Jadhav in the International Court of Justice.

By: Express Web Desk | New Delhi | Updated: May 18, 2017 9:11 pm
Kulbhushan Jadhav, Jadhav hearing, ICJ, ICJ hearing, Jadhav death sentence, ICJ stays death sentence, Pakistan, Kulbhushan Jadhav Pakistan, Pakistan ICJ hearing, India news, Indian Express Presiding judge Ronny Abraham of France, center, reads the World Court’s verdict in the case brought by India against Pakistan in The Hague, Netherlands, (AP/PTI Photo)

The International Court of Justice (ICJ) on Thursday stayed the death sentence of former Indian navy officer Kulbhushan Jadhav who was convicted last month by a Pakistani military court after being found guilty of espionage activities. The ICJ gave the order against a plea submitted by India seeking provisional measures from the court to stop Pakistan’s execution of Jadhav.

An 11-judge bench of the ICJ in Hague directed Pakistan that it shall take all measures at its disposal to ensure Kulbhushan Jadhav is not executed till further order. It also observed that prima facie the Vienna Convention’s provisions will be applicable in the case.

“The decision to stay Jadhav’s execution pending ICJ hearing is unanimous,” said ICJ President Ronny Abraham. Pakistan’s counsel Khawar Qureshi in his submission to the bench had highlighted the 150-day clemency period at Jadhav’s disposal which will finish around end of August. But, the court observed that since Pakistan did not give any guarantee that they will not execute Jadhav until ICJ gives its final verdict in the case, Jadhav could be executed any time after August. Hence it established that the urgency was true in this case.

“It considers that the mere fact that Mr. 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,” the court said.

Pakistan’s response

Reacting to the verdict, Pakistan said it will present solid evidence against Jadhav in the International Court of Justice. Pakistan Foreign Office Spokesperson Nafees Zakaria said that India has tried to divert the world’s attention by presenting the case from a humanitarian angle and that it was trying to hide its real face by taking Jadhav’s case to ICJ.

“The real face of India will be exposed before the world,” he said. He added that Jadhav had twice confessed to sabotage, terrorism and subversion activities.

India’s reply

Ministry of External Affairs held a press conference hours after the pronouncement of the verdict. MEA said that the government will do everything in its power to save the life of Jadhav. MEA Spokesperson Gopal Baglay said “The provisional relief provided by the ICJ is the first step in ensuring justice to Jadhav. The order by the ICJ is unanimous, favourable, clear and unambiguous. The verdict a matter of great relief for people of the country,” he said.

Political reactions in India

Union Home Minister Rajnath Singh said that “ICJ’s decision to stay the execution of Kulbhushan Jadhav gives people of India a deep sense of satisfaction and relief”. Words of temporary relief came from the Tilak Devashar. “Comprehensive and unambiguous decision; We’ve managed to save K Jadhav from jaws of death,” said Jadhav, former special secretary to the Cabinet Secretariat.

Senior advocate Harish Salve presented India’s case at ICJ as India’s counsel. His efforts drew appreciation from Prime Minister Narendra Modi himself. Minister of External Affairs Sushma Swaraj said that the decision comes as a sigh of relief to the family ok Jadhav and the people of India.

In a series of tweets, Minister of Finance and Defence Arun Jaitley hailed the ICJ decision and congratulated Swaraj and Salve. He said “ICJ verdict endorses the relevance and necessity of procedural and substantive fairness which was denied by Pakistan. Well done! HarishSalve – you have done India Proud,” adding “Congratulations to EAM Smt. @SushmaSwaraj ji and the entire Hague team.”

Opposition Congress leader Manish Tewari said that it was upon the Government of India to use the ICJ decision as a trigger to bring Jadhav back to India adding.

India’s first law officer, Attorney General Mukul Rohatgi, said that the entire episode was a charade. “Pakistan completely blown by this decision. The decision is certainly binding for both states. I hope that final decision also comes India’s way and we can see Jadhav come back home.” He added that India’s stand is victorious and congratulated all the people attached to the effort, especially the foreign ministry.

What next

The decision of the international court is binding upon Pakistan and as clearly cited by the president of ICJ, any violation will mean international implications. But ICJ’s judgments have not always been abided by in the past, though. In such scenario, Jadhav’s life remains in the hands of Pakistani generals who seized him from Iran.

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  1. R
    May 19, 2017 at 4:50 am
    The posts of readers here only pain one's sensibilities. No point running Kangaroo court in the matter. ICJ has given an interim verdict for fair trial. The comments full of hatred for or against P a k I stan or it's establishment shall not help Jadhav's cause. Such reactions might aggravate the sentiments. Military establishment there is a force to reckon with. It is not within the powers of elected government to rein it in. So, better to keep the fingers crossed & hope for the best. The politicians in India would do well by not bragging or back-patting themselves as is the wont of our government. A small battle is won, the more difficult terrain is ahead
    1. P
      Pork Kabab
      May 19, 2017 at 4:06 am
      Punjabis think they are smart but they are always low in IQ than gujjus. Punjabistan called P.a.k.i stan was checkmated by the gujju and you see the result. Thanks god Kapil Sibbal was not the lawyer of India.
      1. R
        May 19, 2017 at 4:56 am
        Fools like you can't afford healthy minds. Parochialism is your bane.
      2. P
        poo ki
        May 19, 2017 at 3:11 am
        Bajwa ne khud apni hi maa thok li phir bolte hein Nawaz ne rape kiya! What a pathetic liar!
        1. M
          May 19, 2017 at 2:45 am
          Today poky's have globally proved themselves in front of the world that they are just bunch of a-s-S hol-Es uneducated slaves of wahabi's,----they can go to any level to satisfy their WAHABI masters and prove to the world that they bunch of hogs like Arabian frogs and desert goats and beast in BURQHA wrapped in black sacks,---porky MULL have just proved it and the world have just witnessed it,----Jai hind.
          1. M
            Mohammad Dar
            May 19, 2017 at 3:56 am
            hind pain of a hindu homo ual by faith, cry, hindu cry, hog of hinduism terrorism jadave have no place to go but, to the gallows, every hindu terrorist deserve to be on. Becausee there is no good hindu but a dead hindu criminal on a payer of fire.
          2. A
            May 18, 2017 at 11:42 pm
            why the fkcccc is Govt of India always referred as "Modi Govt"????? IS Modi bigger than India????
            1. M
              Mohammad Dar
              May 19, 2017 at 12:14 am
              Because is he is head of the gang of hindu stinky hind s, in human form.
              1. N
                May 19, 2017 at 12:31 am
                Do You KNow about the Poppat Whom You are following? He was the Terrorist & Rappist. , but Still you Follows since 1400 yrs till Now.
                1. R
                  ritaj pandey
                  May 19, 2017 at 1:24 am
                  And what about you katuweeee.
                  1. A
                    May 19, 2017 at 1:45 am
                    Stop eating trash. Then your brain may start working
                    1. S
                      Samuel Johnson
                      May 19, 2017 at 1:47 am
                      Mohammed Dar there was one MOHammed who molested and raped child Aisha and many other kids, whobhad slave wives and who stole from holy Bible and holy Bhagvat Gita and Yoga and made up some mumbo jumbo religion cult wherefifty percent of the population men has the right to slave fifty percent of the population which is women and then proposed to spread jihad. Are you from the same sect of Sunni wahabi whose only goal is to fulfill his lu.st and s.eex fulfillment including getting 72 h s in heII.
                      1. P
                        poo ki
                        May 19, 2017 at 3:29 am
                        Bajwa ne khud apni hi maa thok li phir bolte hein Nawaz ne rape kiya! What a pathetic liar! Only a follower of MahaMad is capable of this as it is in his effing DNA.
                    2. T
                      May 18, 2017 at 11:30 pm
                      oldest biz of Islamic mullahs and stani ppl. jihhaad. drugs making, transport, s. woman , kids brutall suppress. this has been the main occupations, since ala born in @ 600 a.d.
                      1. G
                        May 18, 2017 at 11:27 pm
                        This praveen samy seems to be a stani supporter, He is suggesting ways to stan to ignlre ICJ Order and go ahead with execution, he is a traitor,
                        1. V
                          Vertiti Scrutator
                          May 18, 2017 at 11:13 pm
                          The brilliant Jyoti Malhotra's conclusion - we're at this impasse because someone in Delhi did not pick up the phone and ask stan to let go of Jadhav!!! The smug jer-k Swami as ever creates a false equivalence between stan and India; and indulges in victim bashing!!! The BIG difference between all the cases cited and that of Jadhav's is that US had given an OPEN and FAIR trial (with access to defense lawyers), the culpability of the accused was not an issue - consular access was merely a technical/procedural issue. In Jadhav's case the lack of consular access (despite still being a procedural/technical issue) is a deliberate attempt to cover up kidnapping, false accusation, secret trial, no evidence, no defense lawyer and award of an arbitrary sentence!!! To state that Jadhav's case is same as any is mere ignorance!! If ICJ rules in India's favor it won't just ask stan for a simple 'self review' but can insist on an open trial in civilian courts! Jadhav can expose Pak!!
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