Kulbhushan Jadhav row: Pakistan PM Nawaz Sharif, Army Chief get into huddle over ICJ ruling

Pakistan Army on Wednesday said it will respond at an "appropriate level" to any query by the International Court of Justice (ICJ) over the death sentence given to Indian national Kulbhushan Jadhav by its military court on the charges of "spying". The statement comes after Pakistan Prime Minister Nawaz Sharif and army chief Qamar Javed Bajwa discussed the ICJ's stay order.

The Ministry of External Affairs (MEA) on Wednesday said that India approached the International Court of Justice (ICJ) on the Jadhav issue as his life was under threat and after Islambabad turned down its requests for consular access to him 16 times.

Meanwhile, the Modi government's decision to approach the International Court of Justice (ICJ) on the Kulbhushan Jadhav issue is seen as a diplomatic gamble that also demonstrates India's growing global clout.

Officials at the Ministry of External Affairs (MEA) here say, it was a "carefully considered decision" to save the life of the retired Indian Navy officer, currently under detention in Pakistan. In 1965, India had agreed to refer its dispute over Rann of Kutch to international arbitration, but burned its fingers as the tribunal awarded 9,100 square kilometres to Pakistan. Last time in 1971 India had approached the ICJ against International Civil Aviation Convention and the International Air Services Transit Agreement, which had taken up case of Pakistan challenging India's decision of closing its airspace to its aircraft.

India's petition before the ICJ filed by Dr. Deepak Mittal, joint secretary in the MEA lists 16 attempts India made to seek consular access.

Sartaj Aziz, foreign affairs advisor to Pakistan PM, said his country was reviewing the Indian move. He said the Foreign Office will issue a statement about any decision taken in this regard in a couple of days.

Briefing reporters on the reasons why India approached the ICJ, which late Tuesday night asked Pakistan PM Sharif in a letter to stay execution, till the adjudication of the case, MEA Spokesperson Gopal Baglay said Islamabad had not responded to India's request for Jadhav's case papers, including charge sheet as also there is no information on the status of an appeal by Jadhav's family.

He also informed that External Affairs Minister Sushma Swaraj had written to Sartaj Aziz on April 27 requesting visa for Jadhav's family. Noting that India has been informed by the ICJ that an action has been initiated on the "provisional measures" sought by New Delhi, Baglay said now there is "legal juridical procedure" that will be followed. According to India's counsel and former Solicitor General Harish Salve, the next hearing may take place in Hague on May 15.

On whether the "provisional measures" granted by the ICJ, including a halt to Jadhav's execution, was binding on Pakistan, Baglay referred to the clauses in ICJ rules which said, "a request for the indication of provisional measures shall have priority over all other cases".

The ICJ stayed Jadhav's execution after India initiated proceedings against Pakistan, accusing it of "egregious violations of the Vienna Convention on Consular Relations" in the matter of his detention and trial. "In my capacity as president of the 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," the ICJ president wrote to Pakistan prime minister.

India had submitted that it has information that Jadhav was "kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy and was then shown to have been arrested in Baluchistan" on March 3, 2016, and that the Indian authorities were notified of that arrest on March 25, 2016, a ICJ press release had said yesterday. According to the applicant, on January 23, Pakistan requested assistance in the investigation of Jadhav's alleged "involvement in espionage and terrorist activities in Pakistan" and, by a Note Verbale of 21 March 2017, informed India that "consular access [to Jadhav would] be considered in the light of the Indian side s response to Pakistan s request for assistance in the investigation process," it said.

Whether ICJ verdict is binding?

The ICJ doesn't have authority to enforce decisions. But since the copy of verdict is also forwarded to UN Security Council (UNSC), the other party can approach the UNSC and seek enforcement of the decision.