ICJ found possibility of “irrevocable prejudice to the rights of Jadhav.”
On Thursday, International Court of Justice (ICJ) unanimously stayed Pakistan’s execution of the Indian National Kulbhushan Jadhav until it rules on merits of the case.
ICJ ruled that there is possibility of “irrevocable prejudice to rights of Jadhav. In its plea to court, India had expressed fear that Jadhav might be executed even while the hearing at ICJ was on.
ICJ President Judge Ronny Abraham expounded that,”Without prejudging result, ICJ considers that risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk. There is considerable uncertainty as to when the decision on any appeal is rendered or when Jadhav will be executed”.
Pakistan cannot execute Indian national Jadhav until it makes a final decision in proceedings of the case, ICJ added.
ICJ stated that it indeed has jurisdiction in the case, superceding a 2008 agreement between India and Pakistan and that its ruling is binding.
“Court reaffirms that its orders under the provisional measures are binding and create a legal obligation,” up countries that are signatories to Vienna Convention.
Pakistani Military Court had sentenced Jadhav to death last month.
India had approached ICJ on May 8,2017 asking for a stay on the Jadhav’s death sentence, in addition to the granting three other provisional measures it has sought against Pakistan, pending Court’s decision on merits of the case.
International Court of Justice has granted these measures after a public hearing which was conducted on May 15,2017.
India had argued that its case is solely based on violation of Vienna Convention on Consular Relations (VCCR) Optional Protocol. This protocol accords ICJ primacy in any dispute arising out of the interpretation of VCCR.
Pakistan, on other hand, wanted ICJ to acknowledge its argument that bilateral agreement on the consular access takes precedence over VCCR.
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