Diplomatic win for India, International Court of Justice stays hanging of Kulbhushan Jadhav

In a major diplomatic win for India, the International Court of Justice has stayed hanging of Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of "spying".

The order by the Hague-based International Court of Justice (ICJ) came a day after India approached it against the death sentence handed down to Jadhav by Pakistan's Field General Court Martial last month, official sources said.

The International Court of Justice in a letter to Pakistan Prime Minister Nawaz Sharif has asked to stay the death sentence of Kulbhushan Jadhav.  Jadhav, a retired Indian naval officer, was arrested by Pakistan last year on alleged charges of 'spying'. He was later sentenced to death by a Pakistani military court.

Jadhav was given death sentence last month by the Field General Court Martial in Pakistan, evoking a sharp reaction in India which warned Pakistan of consequences and damage to bilateral ties if the "pre-meditated murder" was carried out. India acknowledges that Jadhav had served with the Navy but denies that he has any connection with the government. 

 Jadhav's mother, Avanti Jadhav, filed an appeal last month to stay the death sentence at a higher court in Pakistan. India had demanded consular access to Mr Jadhav for 16 times so far. Pakistan has denied all requests for access in the case.

India, in its appeal to the ICJ, accused Pakistan of "egregious" violations of the Vienna Convention on Consular Relations and asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy but Pakistan claimed to have arrested him from Balochistan on March 3, 2016.  

India 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 asserted that, in violation of the Vienna Convention, the Pakistani authorities were denying India its right of consular access to Jadhav, despite repeated requests.

"Referring to 'the extreme gravity and immediacy of the threat that authorities in Pakistan will execute an Indian citizen in violation of obligations Pakistan owes to India', India urges the Court to deliver an order indicating provisional measures immediately, 'without waiting for an oral hearing'," India's appeal said.

Reacting to the development, 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 Art 74 Paragraph 4 of Rules of Court."

Swaraj said senior advocate Harish Salve was representing India before the ICJ in the Jadhav case.

I have spoken to the mother of #KulbhushanJadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court.

— Sushma Swaraj (@SushmaSwaraj) May 9, 2017

Mr.Harish Salve, Senior Advocate is representing India before International Court of Justice in the #KulbhushanJadhav case.

— Sushma Swaraj (@SushmaSwaraj) May 9, 2017

According to Pakistan, these are the charges against Jadhav. 

- He sponsored and directed IEDs and Grenade Attacks in Gawadar and Turbat.

- Directed attacks on the Radar station and civilian boats in the sea, opposite Jiwani Port.

- Funded subversive secessionist and terrorist elements through Hawala/Hundi for subverting the Pakistani youth against the country, especially in Balochistan.

- Sponsored explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan.

- Sponsored IED explosions in Quetta in 2015, causing massive damage to life and property.

- Sponsored attack on Hazaras in Quetta and Shia Zaireen enroute to and back from Iran.

- Abetted attacks through anti-state elements against LEAs/FC and FWO in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers.

The proceedings of this case went through different stages in accordance with legal requirements over a period of one year.

Following is the timeline of the case: 

1. Confessional Video statement of Kulbushan Jhadav, the active RAW operative - 25 March 2016

2. Initial FIR in CTD Quetta - 8 April 2016

3. Initial interrogation - 2 May 2016

4. Detailed interrogation - 22 May 2016

5. Joint Investigation Team constituted on 12 July 2016

6. Confessional statement under Section 164 CrPC - 22 July 2016

7. Recording of summary of evidence - 24 September 2016

8. 1st proceeding - 21 September 2016

9. 2nd proceeding - 19 October 2016

10. 3rd proceeding - 29 November 2016

11. 4th proceeding - 12 February 2017

12. Death sentence endorsed on 10 April 2017

13. International court of Justice stays hanging of Kulbhushan Jadhav. 

With PTI inputs