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United Nations court orders Pakistan not to execute Indian national

United Nations court orders Pakistan not to execute Indian national

The verdict represents a diplomatic setback for Pakistan, which has insisted that Mr Jadhav's espionage activities put him beyond the purview of the ICJ's jurisdiction, and that the court can not interfere in matters of national security.

The court told Pakistan to take all possible measures to ensure that Jadhav is not executed before the global court gives its final verdict. It was he who had pointed out that any order passed by the ICJ, like a stay on the execution of Kulbhushan Jadhav, would be binding on Pakistan, leaving authorities there fuming.

"The court also decides that, until it has given its final decision, it shall remain seized of the matters which form the subject matter of this order", a press release from the global court said.

The officer, Kulbhushan Jadhav, was convicted in Pakistan and sentenced to death on April 10. But Pakistan said it did not accept the United Nations court's jurisdiction in matters related to its national security.

For Pakistan to follow suit and execute Mr Jadhav despite the court's order would "draw global censure", said ICJ president Ronny Abraham.

He pointed out that there exists a bilateral pact on consular access between Pakistan and India since 2008 and added that article 6 of the pact exclusively relates to consular access being determined on the merit of the case.

Hamdani told DunyaNews that the ICJ took up India's matter on an urgent basis because Pakistan hadn't assured it that it wouldn't "hang Jadhav before the hearing is over".

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Earlier on Thursday, the ICJ stayed the execution and upheld India's right to have consular access to the former naval officer who has been declared spy by the Pakistan and been awarded death sentence for espionage.

ICJ's verdict today is being seen as the biggest diplomatic victory India has ever had at an worldwide forum. India argued that its case is exclusively based on the violation of the Vienna Convention on Consular Relations (VCCR) optional protocol. "We had assured the court unambiguously that Commander Jadhav would be provided every opportunity and remedy available under the law to defend his case", the attorney general's office said in a statement.

Friday (today) is the last day for Indian spy Kulbhushan Jadhav to appeal against his death sentence, it has been reported.

"In the view of the Court, this is sufficient to establish that it has prima facie jurisdiction under article I of the Optional Protocol".

The case - a rare foray for the two South Asian nations into the worldwide courts - has highlighted the recent sharp upsurge in tensions between the nuclear-armed rivals. Pakistan claims that Jadhav is an Indian spy. The Indian government has denied the allegation, saying Jadhav was arrested in Iran, where he was on a business trip, and later convicted on the basis of a forced confession.

"Until the ICJ gives it verdict, the case will go on in Pakistan".


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