International Court of Justice requests Pakistan govt for relief to Jadhav

Jadhav was given death sentence last month by the Field General Court Martial in Pakistan

Press Trust of India  |  New Delhi 

File photo of former Indian naval officer Kulbhushan Jadhav who has been sentenced to death by a Pakistani military court on charges of 'espionage'
File photo of former Indian naval officer Kulbhushan Jadhav who has been sentenced to death by a Pakistani military court on charges of 'espionage'

The on Tuesday stayed the execution of Indian Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of "spying".

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

India, in its appeal to the ICJ, accused 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 claimed to have arrested him from Balochistan on March 3, 2016.

Reacting to the development, External Affairs Minister Sushma Swaraj said, "I have spoken to the mother of and told her about the order of President, under Art 74 Paragraph 4 of Rules of Court."

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

President Ronny Abraham has reportedly written a letter to government, asking it to act in such a way which would enable the implementation of any order the may issue in the case.

India, in its appeal, contended that it was not informed of Jadhav's detention until long after his arrest and that failed to inform the accused of his rights.

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

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

Jadhav, 46, was given last month by the Field General Court Martial in Pakistan, evoking a sharp reaction in which warned of consequences and damage to bilateral ties if the "pre-meditated murder" was carried out.

In its application, had also informed the that it learned about the against Jadhav from a press release.

"claims that 'linking assistance to the investigation process to the grant(ing) of consular access was by itself a serious violation of the Vienna Convention'," the release said.

The said urged it to restrain from carrying out the death sentence, and direct Islamabad to take steps to annul the decision of the military court.

claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was "a serving officer in the Indian Navy." Jadhav was sentenced to death for "espionage and subversive activities".

acknowledges that Jadhav had served with the Navy but denies that he has any connection with the government.

has also handed over to an appeal by Jadhav's mother, initiating a process to get his conviction overturned.

The appeal on behalf of Jadhav was given last month to Pakistan's Foreign Secretary Tehmina Janjua by Indian High Commissioner Gautam Bambawale, who also handed over a petition by Jadhav's mother seeking the government's intervention for his release and expressing the desire to meet him. 

International Court of Justice requests Pakistan govt for relief to Jadhav

Jadhav was given death sentence last month by the Field General Court Martial in Pakistan

Jadhav was given death sentence last month by the Field General Court Martial in Pakistan
The on Tuesday stayed the execution of Indian Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of "spying".

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

India, in its appeal to the ICJ, accused 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 claimed to have arrested him from Balochistan on March 3, 2016.

Reacting to the development, External Affairs Minister Sushma Swaraj said, "I have spoken to the mother of and told her about the order of President, under Art 74 Paragraph 4 of Rules of Court."

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

President Ronny Abraham has reportedly written a letter to government, asking it to act in such a way which would enable the implementation of any order the may issue in the case.

India, in its appeal, contended that it was not informed of Jadhav's detention until long after his arrest and that failed to inform the accused of his rights.

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

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

Jadhav, 46, was given last month by the Field General Court Martial in Pakistan, evoking a sharp reaction in which warned of consequences and damage to bilateral ties if the "pre-meditated murder" was carried out.

In its application, had also informed the that it learned about the against Jadhav from a press release.

"claims that 'linking assistance to the investigation process to the grant(ing) of consular access was by itself a serious violation of the Vienna Convention'," the release said.

The said urged it to restrain from carrying out the death sentence, and direct Islamabad to take steps to annul the decision of the military court.

claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was "a serving officer in the Indian Navy." Jadhav was sentenced to death for "espionage and subversive activities".

acknowledges that Jadhav had served with the Navy but denies that he has any connection with the government.

has also handed over to an appeal by Jadhav's mother, initiating a process to get his conviction overturned.

The appeal on behalf of Jadhav was given last month to Pakistan's Foreign Secretary Tehmina Janjua by Indian High Commissioner Gautam Bambawale, who also handed over a petition by Jadhav's mother seeking the government's intervention for his release and expressing the desire to meet him. 
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