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ICJ accepted India’s request and stays Kulbhushan Jadhav hanging

ICJ accepted India’s request and stays Kulbhushan Jadhav hanging

In a major breakthrough the Indian government’s effort is finally paid off and the International Court of Justice (generally known as ICJ) finally put a stay on Kulbhushan Jadhav’s death sentence.

This is the first time after 1971 when India initiated a case at ICJ. On May 8th, a team of Lawyers represented by senior advocate Mr. Harish Salve filed a petition with ICJ. In the petition India has mentioned details like how Pakistan refused to share any detail of Jadhav’s case to India untill the judgment of death sentence was passed, how it was refused to provide consular access to India despite 15 attempts and so on and so forth.

Meanwhile, Indian External Affairs Minister Mrs. Sushma Swaraj, in a post on Twitter, wrote that she had spoken to the mother of Kulbhushan Jadhav and informed her about the stay order on death sentence.

Jadhav was sentenced to death by a Pakistan Army’s Field General Court Martial in a decision and since then Indian government was putting all possible efforts to save Jadhav.

There have been about 11 Indian nationals arrested by Pakistan on the charges of espionage and promoting terrorism. Talk about irony. We all know the story and fate of Sarabjit Singh and Ravindra Kaushik.

On 23rd March 2016, Pakistan’s ISPR (Inter Services Public Relations) released a report claiming to arrest an Indian national by the name of Mr. Kulbhushan Sudhir Jadhav. The media was informed that Jadhav was a ‘Commander level’ operative from Indian navy who ran a trawler repair service in the Chabahar port in Iran. Pakistan claimed to have arrested him from Chaman border in Baluchistan. It’s a no big deal, several Indians, including retired Indian naval officers are running small businesses in Chabar which is a strategically located port.

On 29th March 2016, Pakistan’s ISPR said that Jadhav confessed of gathering maritime intelligence around Gwadar for sabotaging Pakistan. To support their claims, Pakistan also released a short confessional video. Indian sources maintained that he was lured into Pakistan, coerced, tortured and pressured to give a video statement.

Pakistan’s Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz, explicitly mentioned that the evidence against Jadhav was not conclusive and that the dossier contained ‘mere statements’. As expected, this news was retracted post haste and Aziz was made to stand in the corner.

On 10th April 2017, Field General Court Martial (FGCM) in Pakistan, found Kulbhushan Jadhav guilty and ‘awarded death sentence for espionage and sabotage activities against Pakistan’. India in response filed an appeal on Monday, May 8th 2017 accusing Pakistan of ‘egregious violations of Vienna Convention’ and sought a stay on Jadhav’s execution which ICJ agreed upon and given immediate instructions to Pakistan’s Nawaz Sharif government.

The International Court of Justice is a part of the United Nations and its judgments have binding force. 

Posted On : 09-May-2017

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