India appeals to United Nations to stay execution of alleged spy

Posted May 16, 2017

International Court of Justice (ICJ) on Monday reserved judgment on the petition filed by India seeking to halt implementation of death sentence awarded by Pakistan to its spy Kulbhushan Yadav.

Deepak Mittal, joint secretary of India's Ministry of External Affairs, told judges at the ICJ that Jadhav's death sentence was handed down following a "farcical" trial.

Pakistan has alleged that Jadhav was an agent of India's external intelligence agency Research and Analysis Wing (RAW).

ICJ president Ronny Abraham, after hearing arguments from both sides, said that the verdict would be announced "as soon as possible" and the date "duly communicated".

DG South Asia in Foreign Office Dr Faisal in his argument at ICJ in the Hague, Netherlands on Monday said according to the Vienna Convention this court has no jurisdiction to hear such case.

Dr Faisal said that spies do not have any right of counselor access and India did not produce evidence provided by Pakistan against Yadav in the global court. India, in its appeal, has asserted that Mr Jadhav was kidnapped from Iran, where he was doing business after he retired from the Indian Navy.

Pakistan had denied India its 16 requests for consular access, India's lead attorney Harish Salve said.

He argued that every country had undeniable right to punish the terrorists and the ICJ could not intervene in criminal cases.

At the outset, Qureshi said India was invoking the jurisdiction of the court for "political theatre" and described as "bizzare" the description of Jadhav's trial as a kangaroo court. "India has made innumerable requests since March 2016 for consular access". "Else, it will be a violation of the Vienna Convention", said Salve. Representing Pakistan, lawyer Khawar Qureshi said India has sought to persuade this court that Pakistan intends to execute Jadhav within days.

"We are confident that ICJ will take decision in favour of India and Jadhva will get justice".

Islamabad has also not responded to a visa application by Jadhav's parents seeking to travel to Pakistan to visit their son.

Overall, the relief India is seeking from this court is not available and the "provisional measures" sought by India can not be initiated, Qureshi said. We have a long border with India where millions of people reside. These cases include Paraguay versus the U.S. in which the court decided that the American government needed to take steps to give rights of access of a Paraguayan national.

On May 8, India moved the ICJ against the death penalty, alleging Pakistan violated the Vienna Convention on Consular Relations by repeatedly denying it consular access to Jadhav.

"India's allegation regarding the kidnapping of its spy is not true and he [Jadhav] was arrested by Pakistani forces from Balochistan", he maintained.