T
he Hague: In a major relief for India, the International Court of Justice on Thursday ordered Pakistan to suspend the death sentence of alleged spy Kulbhushan Jadhav till a final decision is taken.
The order was announced by ICJ president Ronny Abraham in a public sitting, 10 days after India approached the UN’s top court for “provisional measure” of protection — an interim relief — in the Jadhav case.
Judge Ronny Abraham has also asked Pakistan to inform it of all the measures it has taken to implement the order.
In a unanimous decision that is also binding, the International Court of Justice ruled: “Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in these proceedings.”
The circumstances of Kulbhushan Jadhav’s arrest remains disputed, observed the ICJ judge.
He added that India should have been granted consular access as per Vienna convention.
In a public hearing on Monday, India accused Pakistan of violating the Vienna Convention by denying consular access to Jadhav and pronouncing him guilty of espionage in a “farcical trial”.
The Indian legal team represented by Deepak Mittal, who heads the Pakistan division of External Affairs Ministry, demanded immediate annulment of Jadhav’s death sentence amid fears that he may be executed even before the world court pronounced its decision.
Pakistan had, however, rejected the Indian argument on the ground that New Delhi had no right to invoke the jurisdiction of the ICJ and that the Vienna Convention does not provide for matters relating to spies, terrorists and those who indulge in espionage.
Jadhav was awarded the death sentence by a Pakistan military court in April, a year after he was arrested on espionage charges.
Islamabad has rejected 16 Indian requests for consular access to the former Indian Navy officer, held at an unknown prison in Pakistan.
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