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PTI blames Sharif for ICJ stay of Jadhav execution

20 May 2017

"Although Kulbhushan's case does not fall in the jurisdiction of the International Court of Justice but Pakistan accepts its decision", he said.

A Pakistan military court had awarded the death sentence to Jadhav, who was arrested on March 3 previous year, last month for espionage and subversive activities.

Meanwhile, Pakistan said that International Court of Justice had no jurisdiction to hear case of Kulbushan Jadhav as it pertained to the security of Pakistan.

Reading out the verdict at The Hague, Netherlands, ICJ President Ronny Abraham said that India has the right to consular access to Jadhav under Vienna convention.

"Pakistan has perused the case involving Jadhav at the ICJ, taking into account the national security affairs and followed all the legal procedures under constitutional bindings", she said.

Jadhav was reportedly arrested from Pakistan's Balochistan province on March 3, 2016.

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However, India maintains that he was kidnapped from Iran where he had business interests after retiring from the Navy.

The Nation argued that the ICJ's have no jurisdiction in the case and its intevention was unnecessary as under a 2008 bilateral treaty, the right to consular access can be disregarded in the matters of national security.

The International Court of Justice (ICJ) on Thursday ordered Pakistan to stay the execution of Yadav convicted of spying.

He congratulated the Indian team which represented the country in the ICJ and stressed that the Government should not leave any stone unturned to ensure justice for Jadhav and his return to our country.

The court yesterday pronounced its verdict on India's plea seeking provisional measures restraining the execution of Jadhav by Pakistan. Also, there is a risk that Pakistan will carry out the execution before the Court has given its final decision, as Pakistan has not given any assurance that it won't do so.

Zakaria also said that Pakistan will provide solid evidence related to Jadhav's involvement in espionage activities.

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Overruling Pakistan's contention that ICJ has no jurisdiction over the matter, an eleven-member bench said that it has prima facie jurisdiction in the case after Pakistan's failure to give consular access to India.

Last week, after India challenged the death sentence, Pakistan was asked by the International Court to put it on hold.

While this is an interim order, for India it marks a significant diplomatic victory.

The ICJ's rulings are final and binding. Therefore the court was "satisfied" of the "urgency" of the case. But death sentences have rarely been issued in recent years.

The last time India and Pakistan took a dispute to the ICJ was in 1999 when Islamabad protested the downing of a Pakistani navy plane that killed 16 people.

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