New Delhi: India took recourse to the International Court of Justice (ICJ) in the Kulbhushan Jadhav case because an Indian citizen’s life is in danger in Pakistan and because he was denied consular access as many as 16 times, which violates the Vienna convention, said external affairs (MEA) spokesman Gopal Baglay.
“The decision (to approach ICJ) was taken by the Indian government in the interest of a citizen’s illegal detention. It is a situation where the life of an Indian kidnapped and illegally detained in Pakistan is at stake,” Baglay added.
Jadhav was sentenced to death by a military court in Pakistan last month. Yesterday, the ICJ stayed that execution. Since he was sentenced, Jadhav’s mother had filed a petition and an appeal with the Pakistan embassy so she could meet her son whom they put on death row. “We don’t know the status of the petition and appeal filed by his (Jadhav’s) mother either,” the MEA spokesperson said.
This, despite the fact that external affairs minister Sushma Swaraj wrote to the Pakistan PM’s foreign affairs adviser Sartaj Aziz on April 27 asking him to facilitate visas for Jadhav’s parents. The ICJ’s stay yesterday came after India began proceedings against Pakistan at the court accusing Islamabad of “egregious violations of the Vienna Convention on Consular Relations” in the detention and trial of Jadhav.
“The provisional measure or relief we sought was under Article 74 sub para 4,” Baglay said reiterating what minister Sushma Swaraj tweeted last night.
“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,” wrote ICJ President Ronny Abraham to Pakistan.
On a separate issue, Baglay denied that India has stopped issuing medical visas to Pakistan. “The only change is that India has asked Pakistan to certify the medical visa appications,” Baglay said.