Jadhav case: ICJ order great vindication of India's stand, says Arun Jaitley

Posted May 20, 2017

The ICJ said the mere fact that he may be executed is sufficient to demonstrate that there is a risk of irreparable damage and directed Pakistan to take all appropriate measures at its disposal to ensure Jadhav is not executed pending final decision.

Hours after the ICJ in The Hague pronounced its provisional order in the case, the External Affairs Ministry said the government will do everything possible to save the life of Jadhav.

Irked by International Court of Justice's ruling, Pakistan lashed out at India for presenting former navy officer's case from a humanitarian angle.

India said it took the rare step of appealing to the United Nations court after Pakistan denied 16 requests for its diplomats to visit Jadhav, and because it felt Jadhav's execution could be imminent. He was convicted in April by a Pakistani military court and sentenced to death. "The court has clearly underscored that the provisional measures are without prejudice to the final determination of the merits and jurisdiction of the case". Outside Jadhav's childhood house in the coastal city of Mumbai, friends and well wishers celebrated by setting off firecrackers and distributing candies.

"This is a matter of national security".

"We are confident that India would not be able to hide the subversive activities it is trying to carry out through its agents like Commander Jadhav", it said.

The final verdict is expected in August.

The ICJ asserted its jurisdiction over the case of the 46-year-old former Indian Navy officer while noting that the circumstances of his arrest remain disputed. The Indian government has denied the allegation, saying Jadhav was arrested in Iran, where he was on a business trip, and later convicted on the basis of a forced confession.

It is after 18 years that the two neighbours were fighting it out at the ICJ. A Pakistani lawyer added that a bilateral agreement allows either country to make decisions on consular access in cases involving politics or security.

The worldwide court of justice, sometimes referred to as the world court, is the UN's court for hearing disputes between states.

The stay order was issued by the International Court of Justice (ICJ).

Special correspondent Parth M.N. reported from Mumbai and special correspondent Sahi from Islamabad, Pakistan.