Kulbhushan Jadhav was arrested in March last year, as per Pakistan's claims.
New Delhi:
The first set of hearing to decide Indian request on Kulbhushan Jadhav, the Indian national sentenced to death by the Pakistani military court, will be heard on Monday, the International Court of Justice has announced.
In a statement on Wednesday, the world court said India and Pakistan would be given 90 minutes to make their points at Monday's hearing to be streamed live.
"The hearings will be devoted to the Request for the indication of provisional measures submitted by India," the international court said.
The president of the court had, on Tuesday, asked Pakistan not to take any steps that would make India's application redundant. This directive was issued without hearing Pakistan that was taken by surprise. Next Monday, Islamabad will have an opportunity to make its point.
India's former solicitor general Harish Salve had requested that, till the 15-judge bench of the court takes a call on the petition, Pakistan should be ordered to "take all measures necessary to ensure that Mr Kulbhushan Sudhir Jadhav is not executed". India also asked that Pakistan should be told to report compliance.
India has rejected Pakistani claims that the sentence by Pakistan's military court was delivered after following due process of law. Foreign Minister Sushma Swaraj had warned that New Delhi would treat any move to execute the Indian national as "pre-meditated sentence" while Defence Minister Arun Jaitley had stressed that the execution through a "kangaroo court" would not help the cause of peace in the region.
In the appeal to the international court, India mentioned the lack of consular access and said it found out about Mr Jadhav's death sentence from a press release. Pakistan had contended that consular access is given only to civilian prisoners under a 2008 agreement. Since Mr Jadhav had been caught spying, he was not entitled to consular access, Pakistan contended.
Both India and Pakistan have signed up for the "Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, 1963," which says that such disputes are within the compulsory jurisdiction of the International Court, Mr Salve told NDTV.
In a statement on Wednesday, the world court said India and Pakistan would be given 90 minutes to make their points at Monday's hearing to be streamed live.
"The hearings will be devoted to the Request for the indication of provisional measures submitted by India," the international court said.
The president of the court had, on Tuesday, asked Pakistan not to take any steps that would make India's application redundant. This directive was issued without hearing Pakistan that was taken by surprise. Next Monday, Islamabad will have an opportunity to make its point.
India's former solicitor general Harish Salve had requested that, till the 15-judge bench of the court takes a call on the petition, Pakistan should be ordered to "take all measures necessary to ensure that Mr Kulbhushan Sudhir Jadhav is not executed". India also asked that Pakistan should be told to report compliance.
India has rejected Pakistani claims that the sentence by Pakistan's military court was delivered after following due process of law. Foreign Minister Sushma Swaraj had warned that New Delhi would treat any move to execute the Indian national as "pre-meditated sentence" while Defence Minister Arun Jaitley had stressed that the execution through a "kangaroo court" would not help the cause of peace in the region.
In the appeal to the international court, India mentioned the lack of consular access and said it found out about Mr Jadhav's death sentence from a press release. Pakistan had contended that consular access is given only to civilian prisoners under a 2008 agreement. Since Mr Jadhav had been caught spying, he was not entitled to consular access, Pakistan contended.
Both India and Pakistan have signed up for the "Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, 1963," which says that such disputes are within the compulsory jurisdiction of the International Court, Mr Salve told NDTV.
Track Latest News Live on NDTV.com and get news updates from India and around the world
