In a major diplomatic win for India, the International Court of Justice (ICJ) on Thursday stayed the death sentence of Kulbhushan Jadhav until the United Nations court gives its final verdict on the case.
A Pakistan military court had sentenced Indian "spy" Kulbhushan Jadhav to death for "espionage and subversive activities." Pakistan had used a video confession of Jadhav claiming that he was a RAW agent as proof. However, India has since told the International Court of Justice (ICJ) that Jadhav was forced to confess on camera.
India had approached the ICJ on May 8 demanding an immediate suspension of the death sentence given to its former Navy officer. New Delhi accused Pakistan of violating the Vienna Convention and conducting a "farcical trial" for convicting Jadhav without a "shred of evidence" following which the court had stayed his execution.
Harish Salve, who is representing Jadhav at the ICJ, had told the UN court that India was also not granted consular access to him despite repeated attempts.
Mixed reactions from Pakistan; Balochistan home minister says RAW will be on back foot
The top court on Thursday announced that Pakistan sould not execute Jadhav until the final decision by the court is out.
"Pakistan should not execute Jadhav pending final proceedings. The decision to stay Kulbhushan Jadhav's execution pending ICJ hearing is unanimous," said Judge Ronny Abraham, President of the Court.
The court added that the circumstances of Kulbhushan Jadhav's arrest remains disputed, and said that "India should have been granted consular access as per Vienna convention."
The UN court also said that Pakistan must take all measures to ensure that Jadhav is not executed until final decision, and shall inform the court for all measures taken by the nation in the case.
India, whose request for consular access to Jadhav was turned down 16 times, had approached the ICJ on May 8,
The court also agreed to provisional measures requested by India.
India's reaction:
Prime Minister Narendra Modi expressed his satisfaction at the court's ruling. PM Modi called up the External Affairs Minister Sushma Swaraj where he lauded veteran lawyer Harish Salve's effort in the International Court of Justice.
With the stay on Jadhav's hanging, Twitteratis burst into congratulatory messages, with top Indian officials sending messages of victory to the External Affairs of Ministry.
"Indian stand is victorious, congratulate all concerned persons, especially the External Affairs Ministry, " said India's Attorney General Mukul Rohatgi.
"Hope that final decision also comes India's way and we can see Mr. Jadhav come back home," he added. " The entire thing was a charade,Pakistan completely blown by this decision.The decision is certainly binding for both states," Mukul Rohatgi added.
The ICJ order has come as a great relief to the familly of Kulbhushan Jadhav and people of India.
— Sushma Swaraj (@SushmaSwaraj) May 18, 2017
The EAM Smt @sushmaswaraj has done a commendable job. The govt led by PM Shri @narendramodi will go to any extent to save #kulbhushanjadhav
— Rajnath Singh (@rajnathsingh) May 18, 2017
Welcome the verdict by ICJ to stay execution of #KulbhushanJadhav. Hope case reaches logical end.
— Jyotiraditya Scindia (@JM_Scindia) May 18, 2017
Victory of crores of Indians & the truth. I want to congratulate Govt: Dalbir Kaur (Sarabjit's sister) on #ICJ verdict on #KulbhushanJadhav pic.twitter.com/DUFEr6G2mo
— ANI (@ANI_news) May 18, 2017
Here are the LIVE updates of the verdict and its aftermath:
3:57 pm IST: ICJ says it is appropriate to say that Pakistan shall take all measures at its disposal to ensure Kulbhushan Jadhav is not executed before the final decision.
Appropriate to say that Pak shall take all measures at its disposal to ensure #KulbhushanJadhav is not executed pending final decision: ICJ pic.twitter.com/C7tthMX7z7
— ANI (@ANI_news) May 18, 2017
3:55 pm IST: ICJ stays Kulbhushan Jadhav's death sentence until further notice.
3:53 pm IST: ICJ judge says Pakistan cannot execute Jadhav before the UN court's final decision.
3:50 pm IST: Rights invoked by India under the Vienna Convention are plausible: ICJ Judge Ronny Abraham
3:49 pm IST: The court considers it has prima facie jurisdiction in the case: ICJ Judge Ronny Abraham
3:48 pm IST: "Both India and Pakistan agree that KulbhushanJadhav is an Indian citizen," ICJ says.
3:47 pm IST: ICJ Judge Ronny Abraham saysIndia should have been given consular access as per Vienna convention.
India should have been given consular access as per Vienna convention: ICJ Judge Ronny Abraham #KulbhushanJadhav pic.twitter.com/OllzTT5Xra
— ANI (@ANI_news) May 18, 2017
3:45 pm IST: UN Court says no need to consider Pakistan's objection, circumstances of arrest of Jadhav is in dispute.
3:40 pm IST: India sought consular access, TV reports state. Eleven judges will pronounce the verdict.
3:35 pm IST: The Hague: International Court of Justice begins pronouncement in KulbhushanJadhav case
The Hague: International Court of Justice to pronounce order in #KulbhushanJadhav case, shortly. pic.twitter.com/0UZM6t4cJN
— ANI (@ANI_news) May 18, 2017
3:30 pm IST: Watch the Live video clip of the ICJ hearing here:
#WATCH Live from The Hague: International Court of Justice to pronounce order in Kulbhushan Jadhav case https://t.co/r0QRFVt78j
— ANI (@ANI_news) May 18, 2017
3:25 pm IST: President of the Court Judge Ronny Abraham is set to read the court's decision in a while.
3:20pm IST: The International Court of Justice (ICJ) at The Hague will shortly deliver its verdict in the much-awaited Kulbhushan Jadhav death sentence case.
3:05 pm IST: Students of a school in Moradabad hold special ceremony in support of Kulbhushan Jadhav.
Students of a school in Moradabad hold special ceremony in support of #KulbhushanJadhav pic.twitter.com/VkywuTRoNT
— ANI UP (@ANINewsUP) May 18, 2017
2:45 pm IST: What will also be interesting to see is what happens to India's accusation that Pakistan violated the Vienna Convention when dealing with Jadhav. Pakistan has already put up an argument against this, but the ICJ may rule against it as well, forcing Islamabad to grant consular access to Jadhav.
2:30 pm IST: What will be interesting to note is how India and Pakistan react to the ICJ verdict. If the ICJ rules in favour of India, it will ask for Jadhav's immediate release. If the court rules in Pakistan's favour, India may move the UN Security Council (UNSC), as has happened before over an ICJ ruling. What will be interesting to see is how Pakistan, which has said the ICJ has no jurisdiction in the case, reacts if the court rules in its favour.
2:15 pm IST: Prayers are being held across India for the release of Jadhav. Here are a couple of instances.
Locals hold 'Hawan' in Mumbai, ahead International Court of Justice's verdict on #KulbhushanJadhav today pic.twitter.com/aimuMc3mbf
— ANI (@ANI_news) May 18, 2017
2 pm IST: The ICJ has in quite a few instances cancelled death sentences. One of the more-cited cases is that of two German nationals being given capital punishment in the US for killing a man and injuring a woman in an armed robbery in the 1980s. What should worry India about that case is that although the ICJ halted the executions, the US went ahead with them anyway.