India will never give up on its own and this has been proved by its unwavering efforts to save Kulbhushan Jadhav, a former Naval Officer from the death sentence ordered by the Pakistani military court on charges of espionage! Since the information of his arrest reached the Indian shores, the government has been incessantly working to find ways to at least put a hold on the execution of Jadhav until the further line of action can be decided. And finally, there’s some resort as the International court of Justice has put a stay on his execution.
India, after several failed attempts at discussion with the Pakistan army, asked the ICJ to intervene in the matter on the 8th of May. India’ s case was represented by senior advocate Harish Salve, he listed the many “egregious violations” of the Geneva convention that deals with Consular relations, including Pakistan’s refusal to give any details of Jadhav’s arrest and trial until after the death sentence was passed, failure to provide consular access to India despite 15 attempts, and suggesting access would be given only in exchange for information about Jadhav from India.
In a reply to India’s pleas the ICJ passed the order and Ronny Abraham, president of the ICJ wrote to the Pakistan government: “In my capacity as President of the court, and exercising the powers conferred upon me under Article 74, paragraph 4 of the Rules of Court, I call upon your excellency’s government, pending the court’s decision on the request for the indication of provisional measures, to act in such a way as will enable any order the Court may make on this request to have its appropriate effects.”
This is a major shift from the general approach that India follows in such matters. The Indian government had to resort to extreme measures after ” Pakistan refused to follow any establishes norms or principle” a senior official told The Hindu.
India also pointed out that not only were the news of the arrest kept from them for a long time (the arrest was done on 3rd March and Indian officials were informed on 25th March), they got to know about it through a press release.
In the petition explaining the urgency, India said that “without the provisional measures requested, Pakistan will execute Kulbhushan Sudhir Jadhav before the Court can consider the merits of India’s claims and India will forever be deprived of the opportunity to vindicate its rights”.
This ruling of the ICJ is a huge win for India, as Pakistan has outright refused to establish any dialogue! The thing is that Pakistan cannot always do what it wills while shunning the international rights all together! A citizen of another country being falsely or genuinely accused of any crime has full rights to defend himself before a civilian court, fabricating a confessional video and just announcing a death sentence without a proper hearing is a glaring blot on the face of international human rights which cannot be allowed to happen!