International Court of Justice stays Kulbhushan Jadhav hanging

Kulbhushan Jadhav's death sentence triggered a sharp reaction from India which said that if he was executed, it would be “premeditated murder”

Written by Shubhajit Roy | New Delhi | Updated: May 10, 2017 8:06 am
 Kulbhushan Jadhav, Kulbhushan Jadhav death sentence, Kulbhushan Jadhav death sentence stayed, Kulbhushan Jadhav hanging, Kulbhushan Jadhav to be hanged, CJI,  International Court of Justice-Kulbhushan Jadhav, india news, indian express Kulbhushan Jadhav, 46, was sentenced to death by a military court in Pakistan for “espionage and subversive activities (File Photo)

ACTING on an Indian petition, the International Court of Justice (ICJ) at The Hague has written to the Pakistan government to, effectively, put on hold the execution of Kulbhushan Jadhav, the retired Indian Navy officer who was convicted of espionage charges by a Pakistan military court.

India on Tuesday had approached ICJ and asked it to intervene. It had accused Islamabad of violating the Vienna Convention on consular relations and not giving Jadhav his right to defend himself. This came exactly a month after Jadhav, 46, was sentenced to death by a military court in Pakistan for “espionage and subversive activities”, triggering a sharp reaction from India which said that if he was executed, it would be “premeditated murder”.

The government had also handed over a mercy petition to Islamabad by Jadhav’s mother.

In an order late tonight, ICJ President Ronny Abraham wrote to the Pakistan government: “In my capacity as President of the court, and exercising the powers conferred upon me under Article 74, paragraph 4 of the Rules of Court, I call upon your excellency’s government, pending the court’s decision on the request for the indication of provisional measures, to act in such a way as will enable any order the Court may make on this request to have its appropriate effects.”

Referring to this, External Affairs Minister Sushma Swaraj said: “I have spoken to the mother of Kulbhushan Jadhav and told her about the order of President, ICJ under Article 74 paragraph 4 of the Rules of Court.” She said that Harish Salve, senior lawyer, is representing India at the ICJ.

India approaching the ICJ is a tactical shift since it refrained from doing so on the Saurabh Kalia case saying that the ICJ had no jurisdiction over disputes between India and Pakistan.

According to the statement released by the ICJ, India has sought “relief by way of immediate suspension of the sentence of death awarded to the accused”, “relief by way of restitution in interregnum by declaring that the sentence of the military court arrived at, (is) in brazen defiance of the Vienna Convention rights under Article 36…and in defiance of elementary human rights of an accused which are also to be given effect as mandated under Article 14 of the 1966 International Covenant on Civil and Political Rights.”

Also Read: International Court of Justice stays Kulbhushan Jadhav’s hanging: Read full text of India’s application

It has also sought to restrain Pakistan from giving effect to the sentence awarded by the military court and directing it to take steps to annul the decision of the military court as may be available to it under the law in Pakistan.

“If Pakistan is unable to annul the decision, then this Court (should) declare the decision illegal being violative of international law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith,” the application said.

New Delhi also contended that it was not informed of Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights. “It further alleges that, in violation of the Vienna Convention, the authorities of Pakistan are denying India its right of consular access to Jadhav, despite its repeated requests,” the ICJ said.

India also pointed out that it learned about the death sentence against Jadhav from a press release.

It then reiterated that Jadhav was “kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan” on March 3, 2016, and that the Indian authorities were notified of that arrest on March 25, 2016. It claims to have sought consular access to Jadhav on 25 March 2016 and repeatedly thereafter.

The application states that Jadhav “will be subjected to execution unless the Court indicates provisional measures directing the Government of Pakistan to take all measures necessary to ensure that he is not executed until the Court’s decision on the merits” of the case. India points out that Jadhav’s execution “would cause irreparable prejudice to the rights claimed by India”,” the ICJ said.

India further indicates, the ICJ said, that the protection of its rights is a matter of urgency as “without the provisional measures requested, Pakistan will execute Kulbhushan Sudhir Jadhav before the Court can consider the merits of India’s claims and India will forever be deprived of the opportunity to vindicate its rights”.

So, India requested that “pending final judgment in this case, the Court indicate that the Pakistan government will take all measures necessary to ensure that Kulbhushan Sudhir Jadhav is not executed,” the ICJ said. “Also, that Pakistan report to the Court the action it has taken and that no action is taken that might prejudice the rights of the Republic of India or Jadhav with respect of any decision the Court may render on the merits of the case”.

India has once taken a case to the ICJ — even though it has been a party to a total five cases, three of them with Pakistan, at the ICJ. In 1971, India filed a case against the jurisdiction of International Civil Aviation Organisation (ICAO) to decide on Pakistan’s demand that India could not deny it overflight and landing rights. India had withdrawn Pakistan’s overflight rights after the January 1971 hijacking of an Indian Airlines flight to Lahore, and the gutting of the aircraft by the hijackers. The ICJ ruled against India, saying that ICAO had jurisdiction in this case.

Pakistan also took India to the ICJ in 1999, after India shot down an Atlantique patrol plane of the Pakistan Navy in Indian air space over the Rann of Kutch. India contested the case, and the ICJ upheld India’s position that the Court had no jurisdiction to entertain Pakistan’s claim.

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  1. R
    Ravi
    May 11, 2017 at 9:03 pm
    Bit surprised IE Nation is not monitoring the posts here, 90 of which convey no information on the matter. India and stan both incite action against each other, This is not a moral issue. I have no idea if this gentleman is a spy or guilty or innocent. That is not GOI's point. Gentleman has been denied consular access violating international agreements to which GOP is signatory. That is sole issue.
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    1. A
      ASHOKKUMARBHANOT4@MAIL.COM
      May 11, 2017 at 12:10 pm
      WILL THESE SCALES BE NOT APPLICABLE TO PUNJAB GOVT AIDED SCHOOL TEACHERS
      Reply
      1. M
        malik
        May 10, 2017 at 10:14 am
        Hidu- Stan is involved in serious terrorism. Hindu-Stan is kil innocent humans in subcontinent. Arrest of Kulbodhan has given a serious setback to Hindu-Stan terrorism.
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        1. D
          dang
          May 10, 2017 at 8:12 am
          stan does not care CPEC on our side as it has turned itself into a dung beetle feeding on dung of chi also with one motto sell out POK and make money as fast as they can.
          Reply
          1. V
            vivek
            May 10, 2017 at 8:04 am
            stan has developed at ude of we dont care we have CPEC on our side the terrorist factories inside stan are running at more than 100 percent capacity with neighbouring countries recently Iran while Afghanistan, Bangladesh India voicing their concerns about the infestation and kil in their countries by terrorists from stan. Even opposition of stan has blamed that the world terrorist has funded the pak premier for helping the terrorists in India. stan is increasingly turning itself into a rogue state after north korea incidentally both the countries have a common factor and at ude of we dont care.
            Reply
            1. S
              stranger
              May 10, 2017 at 7:51 am
              it is not good for our countries interest to give any legitimacy to ICJ. tomorrow this court will turn against us on many other issues. besides stan doesn't even recognise its . it is at best a temporary diplomatic win with potentially serious long term consequences.
              Reply
              1. G
                Gangu Radhakishan
                May 10, 2017 at 7:43 am
                Innocent humans should be protected at any cost. India did the right thing as Pak is not providing consular access and as well not at all listening to the right reasons in this issue. Victory to the righteousness.
                Reply
                1. K
                  Kool
                  May 10, 2017 at 6:06 am
                  For Name sake stan has democracy. Otherwise stan citizens and stan Military just for getting money from donor countries play democracy.
                  Reply
                  1. I
                    Indian
                    May 10, 2017 at 5:30 am
                    Why isin't -malani interested in this type of cases? I understand that he is a criminal lawyer. But he surely could have chipped in with his contacts/friends who are good at this.
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                    1. M
                      Mohammad Dar
                      May 10, 2017 at 4:22 am
                      HANG HIM , AND HANG HIM HIGH, OH GAZIS OF WAR AGAINST HINDRANCE TO TRUTH HINDUISM RACISM BY FAITH, BECAUSE IT IS NOT JUST A MATTER OF DUTY TO PUNISH A HINDU MURDERER, BUT YOU ARE THE ONE GOOD LORD OF UNIVERSE ALLAH MERCIFUL HONORED TO FIGHT AND ERADICATE HINDU CRIME OF HINDUISM, INJUSTICE TO FREE HUMANITY FROM THE CHAINS OF HINDU TERRORIST SLAVERY OF HINDUISM INJUSTICE, IMPOSED BY THE HYENAS OF HINDUISM INJUSTICE ON HUMANITY, GIVE TO RESPITE TO HINDUS HYENAS OF HINDUISM TERRORISM, SLAUGHTER THEM IN THEIR DENS OF HINDUISM TERRORISM, THEY ARE NOT HUMAN BUT HOGS OF HINDUISM INJUSTICE IN HUMAN FORM.
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                      1. R
                        rajan
                        May 10, 2017 at 5:09 am
                        Mohd. Dar, Hatred for Hindus has made you blind and insane. Terrorism of any kind is reprehensible. An eye for an eye leaves everyone blind. Open up the windows of your brain and let fresh air breeze through it to cleanse your sick mind. Mutual love is the only way to prosperity and peace. Wars & strifes destroy everything. Stop spewing venom against other communities. Fanatics of any religious belief are dangerous for the existence of mankind. ICJ has taken the right decision. Hope Pa ki st an military establishment pays heed to it & let it's elected government abide with the ICJ decision.
                        Reply
                        1. M
                          Mohammad Dar
                          May 10, 2017 at 7:26 am
                          One simple question, THAN WHY DO YOU BELIEVE IN HINDRANCE TO TRUTH HINDUISM RACISM AS A FAITH, A CRIME AGAINST HUMANITY, FIRST LEARN TO BE HUMAN AND FOLOOW TRUTH ABSOLUTE IN LIFE, THAN TO BE IN HINDRANCE TO TRUTH, A HINDU OUT LAW, SPEAKING OF TRUTH, BUT LIVING IN HINDRANCE TO TRUTH HINDUISM, HATE FOR THE TRUTH BY FAITH. IT IS NOT A MATTER OF RELIGION BUT, A HINDRANCE TO TRUTH HINDUISM ILLEGALITY WRAPPED IN A UGLY WRAPPER OF HINDUISM IMMORALITY, AND PROST ITUTED AS A RELIGION, BASED NOT ON TRUTH, BUT HATE, SELF CENTER ISM, AS ITS FOUNDATION.
                        2. G
                          Girish Rao
                          May 10, 2017 at 7:58 am
                          Wait till we fragment your country you decide which way to go Punjab or baluch province.
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                          1. D
                            dang
                            May 10, 2017 at 8:11 am
                            stan does not care CPEC on our side as it has turned itself into a dung beetle feeding on dung of chi also with one motto sell out POK and make money as fast as they can.
                            Reply
                            1. M
                              Michelle:Vedic:human
                              May 10, 2017 at 8:33 am
                              Honestly, with grace of humanity in Hinduism,----hindrance to truth,----the day I catch you I will drill your soul out of your filthy inhuman dun-g hog out of your filthy MUZZIE hog of racist by faith rapist by birth and send you to your 72 HOURIES in who getting pumped by PAEDOPHILE mo-homo-mad,----hindrance to truth,----Jai hind.
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                              1. R
                                Redemption
                                May 10, 2017 at 8:36 am
                                Bhai gazab aadmi hai tu...people like you who are devoid of brain are incapable of understanding what Sanatan dharma's philosophy presents. Anyways better you work for reducing some bloodshed in so called peaceful Muslim world today.
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                                1. B
                                  bap of jihadi md dar
                                  May 10, 2017 at 8:46 am
                                  beta dhar aaj allah ne piche se kitni bar kiya namaz padhte samay btao sabko
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                                2. M
                                  Mohammad Dar
                                  May 10, 2017 at 4:09 am
                                  Nothing more then a hindu self pleasing move by the hindu crooks of the government of hindranstan of hindia, playing pick and choose , denier of authority of ICJ herslef in the past. ICJ has no authority to dictate any of the countries with independent Judicial system, because by the charter of the UN, courts of the independent countries can not be su ded by any one,, a hindu crooked move to feel good but without any legal bite to force stan from punishing hindu terrorist , an employee of the hindu terrorist out fit RAW, involved in murder of citizens of stan, deserving to be hanged , without any mercy, DESERVING OF TREATMENT METED TO THE INNOCENT KIDNAPPED CITIZEN OF stan, QSAB. NOTHING LESS BUT MORE, BY HIS HANGING IN PUBLIC.
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                                  1. V
                                    Venkat Pokkunuri
                                    May 10, 2017 at 4:24 am
                                    dont bark like a donkey too much; Iran army has warned your army; first focus on that before getting blasted
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                                    1. M
                                      Mohammad Dar
                                      May 10, 2017 at 7:27 am
                                      Talk of your self hindus hijras, not others.
                                      1. B
                                        bap of jihadi md dar
                                        May 10, 2017 at 8:53 am
                                        beta lagta h international norm ko pdha nai h,bomb banane se phursat ho tab na,upar se namaz k samay allah piche se dalte h,dard jyada hota h in mullo ko
                                    2. L
                                      lafanga
                                      May 10, 2017 at 3:27 am
                                      This means stan should go to ICJ against Indian atrocities in IHK and highlight the brutal crackdown and murder and torture of innocent unarmed Kashmiris at the hands of cowardly Indian army.
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                                      1. V
                                        Venkat Pokkunuri
                                        May 10, 2017 at 4:21 am
                                        fanga; you have an empty skull syndrome; your govt is not doing that only because, it would face an embarrassing and humiliating defeat; good that, you are not their adviser
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                                        1. B
                                          bap of jihadi md dar
                                          May 10, 2017 at 8:48 am
                                          kuch jihadi mulle lagta h ab indian express padhna suru kiya h,gud jihadi ko padhna jaruri h,nahi to bomb hi banate rahenge,aur jannat me inki jo hur h,unke .....
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                                        2. K
                                          kaladadkalimata
                                          May 10, 2017 at 3:09 am
                                          PAK IS TAN SHOULD EXCHANGE THE CONVICTED ANIMAL WITH MODI and hang him. how about this
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                                          1. G
                                            gyaneshwar
                                            May 10, 2017 at 4:05 am
                                            you troll how about india feed you to the Gau Rakshaks
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                                            Aneel Gupta
                                            May 10, 2017 at 2:24 am
                                            He said " I am doing it totally out of my own desire to mention and come clean out of this entire process which I have gone through for last 14 years.” (APP) so after all bloodshed in stan, does he deserve postpone his sentence,
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                                            1. A
                                              Aneel Gupta
                                              May 10, 2017 at 2:21 am
                                              he said: ""“The main issues regarding this were that they were planning to conduct some operations within the next immediate (near) future so that was to be discussed mainly and that was the main aim of trying to coming into stan. So that moment I realised that my intelligence operations have been compromised. On my being detained in stan, I revealed that I am an Indian naval officer, and on mentioning that I am Indian naval officer, the total perception of the establishment of the stani side changed and they treated me very honourably and they did utmost respect and due regards and have handled me subsequently on a more professional and proper courteous way and they have handled me in a way that befits that of an officer. Once I realised that I have been compromised in my process of intelligence operations, I decided to just end the mess I have landed myself in and just wanted to subsequently move on and cooperate with the authorities in removing complications
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                                              1. A
                                                Aneel Gupta
                                                May 10, 2017 at 2:19 am
                                                he further said: “There are finances which are fed into the Baloch movement through various contacts or various ways and means into the Baloch liberation (movement) and various activities of the Baloch liberation and RAW handlers go towards activities which are criminal, which are anti-national, which can lead to maiming or kil of people within stan and mostly these activities were centred around, what I have knowledge is of ports of Gwadar, Pasni Jewani and various other installations, which are around the coast damaging various installations, which are in Balochistan. So the activity seems to be revolving and trying to create a criminal sort of mindset within the Baloch liberation which leads to instability within stan. In my pursuit towards achieving the set targets by my handlers in RAW, I was trying to cross over into stan from the Saravan border in Iran on March 3, 2016, and was apprehended by stani authorities while on the stani side and the main aim of
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                                                  Aneel Gupta
                                                  May 10, 2017 at 2:17 am
                                                  I was basically the man for Mr Anil Kumar Gupta who is the joint secretary of RAW and had contacts in stan especially in Balochistan Student Organisation. My purpose was to hold meetings with Baloch insurgents and carry out activities with their collaboration. These activities have been of criminal nature, leading to kil or maiming of stani citizens. I realise during this process that RAW is involved in some activities related to the Baloch liberation movement within stan and the region around it.”
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                                                  1. A
                                                    Aneel Gupta
                                                    May 10, 2017 at 2:16 am
                                                    I commenced intelligence operation in 2003 and established a small business in Chabahar in Iran as I was able to achieve undetected existence and visits to Karachi in 2003 and 2004 and having done some basic ignments within India for RAW. I was picked up by RAW in 2013 end. Ever since I have been directing various activities in Balochistan and Karachi at the behest of RAW and deteriorating law and order situation in Karachi. I was basically the man for Mr Anil Kumar Gupta who is the joint secretary of RAW and had contacts in stan especially in Balochistan Student Organisation. My purpose was to hold meetings with Baloch insurgents and carry out activities with their collaboration. These activities have been of criminal nature, leading to kil or maiming of stani citizens.There are finances which are fed into the Baloch movement through various contacts or various ways and means into the Baloch liberation (movement) and various activities of the Baloch liberation and-
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                                                    1. A
                                                      Aneel Gupta
                                                      May 10, 2017 at 2:11 am
                                                      ISLAMABAD: Indian spy agent Kulbhushan Yadav had admitted to fomenting terrorism in Balochistan and Karachi in his confessional statement after the arrest in March last year. Yadav was arrested red handed by law enforcement agencies while infiltrating into stan from the Saravan border area of Balochistan with Iran. Following is the full text of his voluntarily confession: “My name is Commander Kulbhushan Yadav and I am the serving officer of Indian Navy. I am from the cadre of engineering department of Indian Navy and my cover name was Hussein Mubarik Patel, which I had taken for doing some intelligence gathering for Indian agencies. I joined the National Defence Academy in 1987 and subsequently joined Indian Navy in Jan 1991 and subsequently served for the Indian Navy till around December 2001 when the Parliament attack occurred and that is when I started contributing my services towards gathering of information and intelligence within India.” to be continued next page
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                                                      1. M
                                                        Modi.team.member
                                                        May 10, 2017 at 1:15 am
                                                        Death sentence for a Spy is international LAW. Hope ICJ upholds th death sentence since he compromised the safety and life of so many HUMANS in behalf of INHUMAN ARYANS.
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                                                        1. M
                                                          Mohammad Dar
                                                          May 10, 2017 at 7:31 am
                                                          He is not just a spy but a hindu terrorist , working for the state of hindrance to truth hindu terrorist governmental of hindranctan , dump of hinduism racism, india, deserving of hanging in publicand never to returned , to the base of hinduism terrorism india, such as hinduism illegality against a kidnapped citizen of stan.
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                                                          1. B
                                                            bap of jihadi md dar
                                                            May 10, 2017 at 8:50 am
                                                            beta jihadi aaj allah ne kitni bar piche se dard diya namaz k time btao apne bap ko
                                                        2. K
                                                          kaladadkalimata
                                                          May 10, 2017 at 1:00 am
                                                          he was doing business, what business???? who gave him passport with a muslim name and what his partners were doing who got arrested after Kala moha got rounded up.
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                                                            Venkat Pokkunuri
                                                            May 10, 2017 at 4:28 am
                                                            with the help of taliban terrorists, pak army has kidnapped him from Iran; you dont listen to soft words easily
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