Rubbishing claims of Indian government and media, International Court of Justice on Wednesday announced that the hearing in the case of Indian spy Kulbhushan Jadhav will take place on May 15 maintaining that the death sentence of Indian spy Kulbhushan Jadhav has not been stayed.
The legal body, in a press release, said that it has already spoken to the government of Pakistan regarding the matter.
Indian media and government officials had incorrectly claimed that Jadhav’s sentence was stayed the moment ICJ released its press release about India’s application.
ICJ stated that Article 74, paragraph 4, of the Rules of Court stipulates that “pending the meeting of the Court, the President may call upon the parties to act in such a way as will enable any order the Court may make on the request for provisional measures to have its appropriate effects”
— CIJ_ICJ (@CIJ_ICJ) May 10, 2017
“Acting in accordance with the powers conferred upon him by Article 74, paragraph 4, of the Rules of Court, Judge Ronny Abraham, President of the International Court of Justice (ICJ), the principal judicial organ of the United Nations, addressed yesterday an urgent communication to the Prime Minister of the Islamic Republic of Pakistan, with a copy to the Government of the Republic of India, in the proceedings instituted by India against Pakistan, on 8 May 2017.”
Does the matter fall within the domain of ICJ or not?
Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz said on Wednesday that Islamabad was still reviewing India’s position on Pakistan’s decision to execute Jadhav.
He said India had approached the International Court of Justice (ICJ) against Jadhav’s execution, and that Pakistan was in the process of reviewing its stand, after which a formal response would be given soon.
Mr Aziz said the government was also ascertaining whether the matter fell within the domain of ICJ or not.
Wrong messaging by MEA here, it's not a stay or a freeze, it's a request by ICJ with no judicial or binding force at all. https://t.co/oyN3gtBFgy
— Krishan Partap Singh (@RaisinaSeries) May 9, 2017
The ICJ has asked the government of Pakistan to stay the execution of Jadhav after India moved the international court, accusing Islamabad of denying consular access to the Indian spy under the Geneva Convention.
India, in its appeal to the ICJ, accused Pakistan of “egregious” violations of the Vienna Convention on Consular Relations and asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy but Pakistan claimed to have arrested him from Balochistan on 3 March, 2016.
However, Jadhav was arrested from Balochistan last year on March 3. The Pakistan Military Court sentenced him to death, alleging that he was working as a spy for intelligence agency Research and Analysis Wing (RAW). Jadhav was a serving officer in the Indian Navy.