The International Court of Justice (ICJ) on Thursday ordered Pakistan to stay the hanging of self-confessed Indian spy Kulbhushan Jadhav until it rules in the treaty violation case.
The UN court for hearing disputes between states stayed the execution till it has time to hear a case brought by India arguing that Pakistan violated its obligations under an international treaty. ICJ’s rulings are binding.
Announcing the verdict, President Ronny Abraham said, “Pakistan should take measures to ensure that Jadhav is not executed until ICJ’s verdict.”
“Pakistan shall take necessary measures to ensure that Jadhav is not executed until the final decision in these proceedings and shall inform the court all the measures taken in implementation of the court’s order,” the president added.
“Court considers it a failure on the part of Pakistan to present counselors to Jhadav,” the president said. “A link exists between the rights invoked by India and the provisional measures being sought by the state,” he further upheld.
Power of the court to indicate provisional measures as demanded by India will only be exercised if there is urgency, Abraham said. Pakistan has suggested Jadhav’s execution will not take place before August 10, 2017, the president said.
India had moved the UN court urging it to suspend Jadhav’s sentence and declare that it was arrived at “in brazen defiance of Vienna Convention rights”. Pakistan had defended its position by terming New Delhi’s story a far-fetched one as criminal cases did not fall within the purview of the Vienna Convention.