Sushma Swaraj says ICJ order a "great relief", thanks attorney Salve

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Rejecting Pakistan's argument that the court did not have jurisdiction in the matter, ICJ said that Pakistan must take all measures at its disposal to ensure that Jadhav is not executed before the final settlement of the case at the worldwide court.

India's case on Kulbhushan Jadhav has been "emboldened" and "invigorated" with the first round of victory at the International Court of Justice, senior advocate Harish Salve, who represented the country, said today.

"Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in these proceedings", the ICJ ruled in a unanimous and binding decision on Thursday.

"The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India", said external affairs minister Sushma Swaraj.

Pakistan claims that it arrested Jadhav in Balochistan province past year and accused him of being a spy.

Friends of Indian naval officer Kulbhushan Jadhav celebrate the International Court of Justice order on Jadhav as they gather near a portrait of him in Mumbai, India, Thursday, May 18, 2017.

But India has maintained he is not a spy, and has accused Pakistan of violating the Vienna Convention by failing to provide him with consular access, as well as breaking worldwide human rights law. Also, India's allegations against Pakistan are related to the terms of the Vienna Convention and hence, ICJ does have jurisdiction, regardless of the 2008 bilateral agreement between India and Pakistan.

Speaking to NewsX following ICJ's order, Senior Lawyer Ujjwal Nikam said, "This is a big victory for India because we have succeeded in nearly all points and not only that but the ICJ has in clear terms has warn Pakistan that its order is mandatory and binding upon the Pakistan".

India has argued that Jadhav was wrongly convicted for spying.

“The court also decides that, until it has given its final decision, it shall remain seized of the matters which form the subject matter of this order, ” a press release from the global court said.

Fighting to save Jadhav, India on Monday told the International Court of Justice that there is an "immediate threat" that he may be executed any time that calls for urgent suspension of the sentence, media reports said.

He said the matter of consular access was not included in the operational order of the court. Pakistan however, said it had "not changed the status of Jadhav's case in any manner".

Pakistan says he was detained on 3 March 2016 in restive Balochistan province, which has been hit by a separatist insurgency that Islamabad accuses India of backing. The other - a longer route that goes through Pakistani courts.

Denying the charges, Pakistan has maintained that it had requested an Indian assistance in the investigation of Jadhav's alleged "involvement in espionage and terrorist activities in Pakistan", which it said New Delhi did not provide. The ICJ also ordered Pakistani authorities to inform it of all measures taken to execute its judgment.

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