But, in a major diplomatic, moral and legal victory for India, the ICJ on Thursday asked Pakistan not to execute Jadhav pending its final decision and inform it of the steps being taken to implement the order.
He added that the trial that was held in a military court was an "egregious violation of the rights of consular access under the Vienna Convention (and) has led to serious miscarriage of justice".
"The case against Kulbhushan Jadhav by Pakistan was a sham and was in gross violation of worldwide law as his execution was ordered by a kangaroo court without consular access". It also called for the court to restrain Pakistan from "giving effect to the sentence awarded by the military court" and to direct it to annul the court decision. "@SushmaSwaraj ji and the entire Hague team", he said in another tweet congratulating External Affairs Minister. It recalls that India seeks to ground its jurisdiction in Article I of the Optional Protocol to the Vienna Convention, which provides that the Court has jurisdiction over " [ d ] isputes arising out of the interpretation or application of the [Vienna] Convention".
The court told Pakistan to take all possible measures to ensure that Jadhav is not executed before the worldwide court gives its final verdict.
The case will take months or years to settle at the United Nations' highest judicial organ, so judges issued Thursday's order to ensure that Jadhav isn't executed before the case ends. It lodged a case against Islamabad earlier this month, accusing the Pakistanis of violating the Vienna Convention by failing to provide him with consular access, as well as breaking global human rights law.
"A public sitting will take place at 12 noon at the Peace Palace in The Hague, during which Judge Ronny Abraham, President of the Court, will read the court's decision", the global court said in a release on Wednesday.
The decision of Kulbhushan Jadhav's death penalty was read out by the President of the ICJ, Ronny Abraham.
India claims that Jadhav was kidnapped from Iran in 2016.
"Our lawyers weren't prepared to defend the case", said Shireen Mazari, chief whip of Pakistan Tehreek-e-Insaf (PTI). On May 09, the global court stayed the death sentence as a provisional measure. The Court also notes that Pakistan has given no assurance that Mr. Jadhav will not be executed before the Court has rendered its final decision.
Foreign Office spokesman Nafees Zakaria also hit out at India, saying the country has been "trying to hide its real face" by taking the case of Jadhav to ICJ.