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ICJ stays death sentence given to Jadhav until further notice

ANI  |  The Hague [The Netherlands] 

In a major reprieve to India, the International of Justice (ICJ), the primary judicial organ of the United Nations, has stayed the death sentence awarded to former Indian Naval officer and alleged Indian spy Kulbhushan Jadhav by the military court, citing that both - and - were bound by the Vienna Convention and that the rights invoked by under the Vienna Convention were plausible.

Justice Ronny Abraham of the ICJ read out the much-awaited verdict and asserted that the case was indeed debatable, while also adding that the ICJ had prime facie jurisdiction in the case.

Abraham added that under the Vienna Convention, should have received consular access to seek justice for the former Indian Naval officer.

The only condition under which Jadhav now stands to face execution is if does not comply with the ICJ's decision. can then go to the Security Council, which may then decide upon measures to be taken to give effect to the judgement.

The UN charter entails that 'each member of the United Nations undertakes to comply with the decision of the International of Justice' and 'if any party to a case fails to perform the obligations, the other party may have recourse to the Security Council.'

A military had awarded the death sentence to former Indian naval officer Jadhav on April 10 for alleged "espionage and subversive activities."

However, India, after being denied consular access for 16th time, dragged to the ICJ on May 8 for violating the Vienna Convention.

told the ICJ that immediate steps must be taken to stop from carrying out the death sentence of Jadhav. Demanding the immediate suspension of the death sentence, expressed fear that Islamabad might execute the formal naval officer even before the hearing of the ICJ was over.

Pakistan, on its part, told the ICJ that the provisions of Vienna Convention on consular access were not applicable for a 'spy'. It also accused of using the international body for political theatrics.

Arguing before the 11-judge bench at the ICJ, which included former Supreme Judge Dalveer Bhandari, India's counsel Harish Salve stressed that not granting consular access and not giving legal representation of Jadhav's choosing amounted to a "miscarriage of justice" and a "violation of his right" to defend himself from concocted charges in a "farcical trial".

told the ICJ that immediate steps must be taken to stop Pakistan's from carrying out the death sentence of Jadhav.

Salve had told the that couldn't arrange for Jadhav's defence due to denial of consular access by He said made innumerable requests for consular access, but refused to provide documents relating to the case and consular access to him.

raised the confession statement of Jadhav as a base of its argument and accused of using the ICJ for its "political theatrics." termed that the confession of Jadhav was forcibly taken by the military while in captivity and he was tried by a military in

Pakistan's counsel Khawar Qureshi, while presenting Islamabad's stance in the ICJ on death sentence handed to Jadhav, said that the former naval officer entered Islamabad through Iran using a fake passport.

He told the that had given all information regarding Jadhav's investigation, but didn't receive any response from

demanded the immediate suspension of Jadhav's death sentence but presented the Kulbhushan Jadhav case as a matter of security and the ICJ's decision would not apply to "matters related to the security of

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, May 18 2017. 15:59 IST
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