Kulbhushan Jadhav case highlights: Big win for India, ICJ asks Pakistan to stay death sentence

Staying the death sentence of Kulbhushan Jadhav, the ICJ said that Pakistan will have to keep the world court informed of the measures it is taking in the case

In a big win for India, the International Court of Justice (ICJ) stayed the death sentence of Kulbhushan Jadhav till the court hears and disposes off the matter. India is fighting to save and bring back the former Indian naval officer who has been awarded death sentence by a Pakistan military court for alleged “espionage and subversive activities”.

Speaking at the ICJ, India had claimed that Pakistan violated the Vienna Convention by denying consular access and also claimed that the former Naval officer was not given a legal representation. India claimed that Pakistan has turned down 16 requests for consular access for Jadhav.

Stay with us for all the developments in the case:

4:45 PM: It is a comprehensive and unambiguous decision. We’ve managed to save Kulbhushan Jadhav from the jaws of death: Tilak Devasher, former special sercretary, Cabinet Secretariat

4:40 PM: The government of India must use the ICJ decision as a trigger to bring Kulbhushan Jadhav back. ICJ has given a favorable decision: Manish Tewari, Congress

4:30 PM: PM Narendra Modi speaks to External Affairs Minister Sushma Swaraj, expresses satisfaction at today’s order of ICJ, and the efforts of Harish Salve and the team, reports ANI

4:25 PM: It is a victory of crores of Indians and the truth. I want to congratulate the government: Sarabjit’s sister Dalbir Kaur

4:20 PM: The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India: Sushma Swaraj

4:10 PM: This prima facie verdict will put pressure on Pakistan to give consular access to India

4:08 PM: I’m very happy, justice has finally been done: Harish Salve

4:05 PM: It is a big setback for Pakistan: Venkaiah Naidu

3:56 PM: We now have to work towards the final stage, that is to get Jadhav back: Attorney General Mukul Rohatgi

3:55 PM: It is a unanimous decision of 15 judges. Merits of the case will be decided late but it is clear that India stands victorious: Attorney General Mukul Rohatgi

3:54 PM: I declare the sitting closed. The full verdict will be out on the court’s website soon: ICJ

3:51 PM: Pakistan shall take all measures to ensure Jadhav is not executed: ICJ

3:50 PM: Ensure than Jadhav is not executed till the final decision is taken. Inform the court of the measures taken: ICJ tells Pakistan

3:48 PM: ICJ stays hanging of Kulbhushan Jadhav

3:45 PM: ICJ says Vienna convention does not exclude cases of espionage

3:42 PM: Both India and Pakistan agree that Kulbhushan Jadhav is an Indian citizen. India should have been given consular access as per Vienna convention: ICJ Judge Ronny Abraham

3:40 PM:ICJ overrules Pak’s arguments:
1) Vienna Convention is exclused for those in espionage case
2)2008 bilateral treaty ousts ICJ’s jurisdiction

3:38 PM: As this stage it cannot be concluded that Vienna convention cannot be applied on Jadhav’s case: ICJ

3:35 PM: While India has maintained at various times that Jadhav should be given consular access, Pakistan has denied. The elements are enough to establish that dispute existed between the parties in the Vienna convention as to the trial and sentences regarding Jadhav: ICJ

3:32 PM: India and Pakistan have been parties to Vienna convention. It becomes irrelevant to consider reservations to the jurisdiction of the court: ICJ

3:31 PM: It is not known whether he has done any act of espionage: ICJ

3:30 PM: India requested consular access and reiterated its demand several times: ICJ

3:30 PM: Jadhav has been in the custody of Pakistan since March 3, 2016. Under the circumstances of his arrest, India maintains that he is an Indian national. The applicant informs to have not been informed of his arrest: ICJ

3:30 PM: I shall not read the initial introductory paragraphs of the case: ICJ

3:26 PM: Judges enter the courtroom, verdict to be announced at 3:30 pm

3:15 PM: International Court of Justice has no jurisdiction to hear the case of the Indian RAW agent. It pertains to the security of Pakistan: Pakistan Foreign Office Spokesperson Nafees Zakaria

3:10 PM: Pakistan questions the impartiality of ICJ as one of the 11 judges in the jury is an Indian origin person

1:55 PM: Any decent system holds the man innocent till proven guilty: Maj Gen GD Bakshi (Retd), Defence Analyst

1:50 PM: We are absolutely justified in asking for stay on Jadhav’s execution: Rizwan Merchant, Senior Lawyer

## Demanding immediate suspension of the death sentence of Kulbhushan Jadhav, India had expressed fear that Pakistan might execute the former Naval officer even before the ICJ could deliver its verdict in the matter.

## Accusing India of using the international body for political theatrics, Pakistan had told the ICJ that the provisions of Vienna Convention on consular access were not applicable for a ‘spy’.

## The 11-judge bench at the ICJ includes former Supreme Court Judge Dalveer Bhandari and India’s counsel Harish Salve. Harish Salve had told the court that India couldn’t arrange for Jadhav’s defence due to denial of consular access by Pakistan.

## India had stressed that not granting consular access and not giving legal representation to Jadhav amounted to a “miscarriage of justice”