The International Court of Justice (ICJ) has stayed the death sentence awarded to Kulbhushan Jadhav by a Pakistan military court.
This was after India instituted proceedings against Pakistan at the court accusing Islamabad of “egregious violations of the Vienna Convention on Consular Relations” in the detention and trial of Jadhav.
India is a founding member of the ICJ while Pakistan became a member when it joined the UN on September 30, 1960.
Senior Advocate Harish Salve represented India before International Court of Justice in the Kulbhushan Jadhav case.
On May 8, India moved against Pakistan at the ICJ, alleging that Islamabad has violated the Vienna Convention by not granting New Delhi consular access to Kulbhushan Jadhav.
Pakistan has accused Jadhav of espionage and of being an agent of India’s external intelligence agency , Research and Analysis Wing (R&AW).
India has denied Pakistan’s claims and has slammed Islamabad for conducting a “farcical” trial that violated Jadhav’s rights.
— CIJ_ICJ (@CIJ_ICJ) May 9, 2017
Under Article 36, Kulbhushan Jadhav should have been informed about his right to seek access to Indian consular officers.
Furthermore, Indian consular officers should have been allowed to visit and communicate with the former Navy officer.
As member states of the UN, India and Pakistan are de facto members of the ICJ.
“I have spoken to the mother of Kulbhushan Jadhav and told her about the order of President, ICJ under Art 74 paragraph 4 of Rules of Court,” tweeted Foreign Minister Sushma Swaraj.
India moved the ICJ because it feared Pakistan could execute Jadhav without allowing him the legal remedies available to him in that country.
Judge Ronny Abraham of France is the court president and judge Abdulqawi Ahmed Yusuf the vice-president. Justice Dalveer Bhandari of India is one of the 15 judges serving the court.