UN court orders Pakistan not to execute Indian national

As India and Pakistan have agreed to the ICJ’s jurisdiction any order passed by the court will be deemed to be binding

One of the leading legal brains in the country, Mr Salve had not only led the battery of lawyers to structure India's case, but also made a almost one-and-a-half-hour presentation at the worldwide court in The Hague earlier this week.

The ICJ had temporarily stayed a Pakistan military court's order on Mr Jadhav's execution on the grounds that it needs time to hear an argument from India which approached it citing the Vienna Convention which guarantees diplomatic help to foreigners accused of capital crimes.

The judges said India had a "plausible" argument that Pakistan violated worldwide law by refusing to grant consular access to Jadhav.

Salve, who took up the case "pro bono" (free of charge), said India had "a lot at stake" in it and that he felt a "positive energy and connect with judges" while arguing the matter in which Pakistan did not seem to have the same.

The ICJ asserted its jurisdiction over the case of Jadhav. It also said that Pakistan should keep the court informed of what steps it is taking to implement the order. "Now this declaration Pakistan submitted after exhaustive discussions, among. after inter-agency consultations within the government", Pakistan's foreign ministry spokesperson Nafees Zakaria said.

The top United Nations court also said that Pakistan should have given consular access to India as per Vienna Convention.

Jadhav's death sentence also turned global focus on Pakistan's infamous military justice system.

Pakistan, however, rejected the plea on the ground that India had no right to invoke the jurisdiction of the UN's highest court because the Vienna Convention does not provide for matters relating to spies, terrorists and those who indulge in espionage. Pakistan must ensure that Jadhav is not executed, said ICJ. India can then go to the Security Council, which may then decide upon measures to be taken to give effect to the judgment.

Prime Minister Narendra Modi expressed his satisfaction with the judgement. "Hope that final decision also comes India's way and we can see Mr.Jadhav come back home", he said. He also congratulated Harish Salve and said that he had done India proud. Both India and Pakistan are signatories to the ICJ.

April, 2017 : Jadhav was sentenced to death by Field General Court Martial.

According to Pakistan, Jadhav was seized by its security forces in the restive Balochistan province on March three a year ago after he reportedly entered from Iran.

Pakistan has been accused of violating the Vienna Convention by denying consular access to Jadhav and pronouncing him guilty of espionage in a "farcical trial".

It is after 18 years that the two neighbours were fighting it out at the ICJ.

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