ICJ stays Jadhav’s execution till final verdict

May 19, 2017

Former Indian Navy officer Kulbhushan Jadhav, sentenced to death in Pakistan, got amnesty as the International Court of Justice (ICJ) unanimously stayed his execution. Delivering an interim order on a plea by India, the ICJ rejected Pakistan's contention that it lacked jurisdiction in the case and held that India had a & quot plausible& quot right to access to Jadhav. The ICJ order compels Pakistan to defer the execution till the verdict after the full hearing, which could take years. The ICJ further rejected Pakistan's argument that India had agreed to keep matters concerning national security out of the purview of the Vienna Convention. India had quickly approached the ICJ on May 8 fearing that Jadhav might be executed soon, and had sought a legal restraint on Pakistan. It had also sought an urgent hearing by highlighting the risk of Jadhav's impending hanging. & quot The court notes that Pakistan has given no assurance that Mr Jadhav will not be executed before the court has rendered its final decision. In these circumstances, the court is satisfied that there is urgency in this case,& quot the ICJ said. India argued that the matter came under the purview of the ICJ because Pakistan had violated India's right, provided under the Vienna Convention, to have consular access to Jadhav. The court said India had the right to seek consular access.