India wins over Pakistan at International Court

Applauding the International Court of Justice (ICJ) for putting a temporary stay on Kulbhushan Jadhav's execution, the Congress on Thursday asked Pakistan to comply with the order till the final verdict is delivered.

India's External Affairs Minister Sushma Swaraj said the ICJ outcome comes as a great relief to Jadhav's family.

New Delhi had moved the court on May 15 as an emergency measure and exhorted the court to halt the execution of Jadhav.

The Pakistan Tehreek-e-Insaf has submitted a resolution in Punjab Assembly against the stay of International Court of Justice in an Indian spy's case. It lodged a case against Islamabad earlier this month, accusing the Pakistanis of violating the Vienna Convention by failing to provide him with consular access, as well as breaking global human rights law.

The third case was again filed against the U.S. when Paraguay dragged America to the ICJ in 1998 alleging that the state of Virginia had violated Vienna Convention by failing to inform Angel Francisco Breard, a Paraguayan, of his right to contact the Paraguayan consulate for assistance after his arrest. "The court has in fact directed that Pakistan is not going to execute till the conclusion of the proceedings", Memon told ANI. "There is considerable uncertainty as to when decision on any appeal is rendered or when Jadhav will be executed", said ICJ President Judge Ronny Abraham.

The ICJ was not convinced with Pakistan's argument that there was no urgency because Jadhav's execution date was not fixed. Pakistan, in turn, had argued that the 46-year-old Indian national was a spy and India's plea was "misconceived".

The UN charter entails that "each member of the United Nations undertakes to comply with the decision of the International Court of Justice" and 'if any party to a case fails to perform the obligations, the other party may have recourse to the Security Council'. The U.N. court ruled unanimously that Pakistan shouldn't put Jadhav to death until India's allegation that Pakistan breached his right to consular assistance is legally resolved.

Over the coming months, the court said, it would hear both countries' arguments on whether Indian diplomats should be allowed to visit Jadhav before issuing a verdict. Pakistan has claimed that Mr Jadhav is an operative from Research & Analysis Wing (RAW), India.

It rejected Pakistan's contention that a 2008 bilateral agreement between the two precluded the application of Vienna Convention.

Pakistani authorities say Jadhav confessed to being assigned by India's intelligence service to plan, coordinate and organize espionage and sabotage activities in Baluchistan "aiming to destabilize and wage war against Pakistan".



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