Jadhav was arrested on March 3, 2016, through a counter-intelligence operation in Balochistan's Mashkel area for his involvement in espionage and sabotage activities against Pakistan. Moreover, Judge Bhandari emphasszes that Pakistan's denial of consular access has determined a situation in which India has no direct knowledge of the charges against Jadhav, as well as of the proceedings against him in the Pakistani military court. However, India maintains that he was abducted from Iran where he had business interests after retiring from the Navy. ICJ has however rejected Pakistan's argument that the court does not have any jurisdiction in the matter. India was able to demonstrate Pakistan's disregard for global conventions and its propensity to undermine the rule of law.
In an emergency hearing on Monday, India had accused Pakistan of "egregious violations of the Vienna convention" by denying Mr Jadhav, a former navy officer, of legal counsel and consular access and refusing to reveal the charges or evidence against him.
"We are very happy with the world court's verdict in Kulbhushan Jadhav's case".
"The situation is grave, it is urgent, and hence we approached this court at such short notice", senior lawyer Harish Salve, representing India, told the United Nations court as an an open hearing of the case was underway at the Great Hall of Justice at the Hague in Netherlands following India's challenge to Jhadhav's death penalty.
Jaitley lauded External Affairs Minister Sushma Swaraj for the strategy adopted at the ICJ and made a special mention for Harish Salve who argued the matter.
However, reacting on ICJ's order, Pakistan while challengig the authority of ICJ said that it cannot be a party to Pakistan's national security.
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He pointed out that there exists a bilateral pact on consular access between Pakistan and India since 2008 and added that article 6 of the pact exclusively relates to consular access being determined on the merit of the case. The ruling of UN's top court has been viewed as a big win for India, which has accused Pakistan of violating an global treaty that guarantees rights of foreign convicts.
The ICJ's rulings are final and binding. "But (Jadhav) can not be executed until the stay order is there", Usmani said. The ruling came three days after India and Pakistan gave their submissions in the case.
Minister of State for Information Marriyum Aurangzeb has said any reporting on the interim order of International Court of Justice on Kulbhushan Jhadav case should be done responsibly. "The Court further observes that the existence of a 2008 bilateral agreement between the parties on consular relations does not change its conclusion on jurisdiction", it said.
Outlining the reasons for its decision, Abraham said Pakistan had given no assurances Jadhav would not be executed before the court delivered its final decision.
"The mere fact that Mr Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India", he added.