India hints at approaching UN Security Council if Pakistan defies ICJ verdict

Pakistan does not accept the International Court of Justice's jurisdiction in matters related to national security, its Foreign Office said today after the United Nations court stayed the execution of Indian national Kulbhushan Jadhav.

Pakistan claims its security forces arrested Jadhav from its restive Balochistan province on March 3 past year after he reportedly entered from Iran.

"Pakistan shall take all measures at its disposal to ensure that Jadhav is not executed pending the final decision...", ICJ Judge Ronny Abraham said.

After suffering a major setback at the International Court of Justice in the Kulbhushan Jadhav death penalty case, Pakistan is set to replace the lawyers that represented the country at the World Court, Pakistani media reports said.

The ruling will help in finding remedy to "violation of Jadhav's rights and also the violation of global convention by Pakistan", he said.

Pakistan can not execute Indian national Jadhav until it makes a final decision in the proceedings of the case, the ICJ said.

Pakistani authorities say Jadhav confessed to being assigned by India's intelligence service to plan, coordinate and organise espionage and sabotage activities in Baluchistan "aiming to destabilise and wage war against Pakistan". He was convicted in April by a Pakistani military court and sentenced to death.

India, who said Jadhav is a retired Indian Navy officer-turned businessman, slammed Pakistan for carrying out a secretive, "farcical" trial.

ICJ in an interim order directed Pakistan not to execute Kulbhushan Jadhav.

The final verdict in the case is expected in August.The only condition under which Jadhav now stands to face execution is if Islamabad does not comply with the ICJ's decision.

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.

For Pakistan to follow suit and execute Mr Jadhav despite the court's order would "draw global censure", said ICJ president Ronny Abraham.

In a tweet earlier, Jaitley said the verdict "endorses the relevance and necessity of procedural and substantive fairness which was denied by Pakistan".

New Delhi maintains that Jadhav was abducted from Iran and taken to Balochistan. "India is a law abiding country and it expected others to follow global law", Baglay added. Last time, Pakistan had moved the ICJ seeking its intervention over the shooting down of its naval aircraft.

  • Leroy Wright