India does not recognise the jurisdiction of the ICJ in disputes involving present or former Commonwealth Nations. This position in turn has been upheld by the ICJ in the Dassault Atlantique shootdown case involving the Mohammadden Terrorism Fomenting Islamic Republic of Pakistan.Falijee wrote:Put On Hold Kulbhushan Jadhav's Execution, International Court Tells Pak
New Delhi: The International Court of Justice in Hague, Netherlands, has asked Pakistan to put on hold its death sentence to Kulbhushan Jadhav,an Indian national it accused of spying. A letter has been sent to Pakistan Prime Minister Nawaz Sharif, ( should have been sent to "real PM" COAS - Bajwa !) official sources said.The International Court's response came after India filed an appeal on Monday, accusing Pakistan of "egregious violations of the Vienna Convention" and seeking a stay on Mr Jadhav's execution. Mr Jadhav, a retired Naval officer, was kidnapped from Iran, where he was running a business, India said. In its appeal, India also said if Pakistan is unable to annul its decision to execute Mr Jadhav, the court should declare the decision "illegal".External Affairs minister Sushma Swaraj, who met Bert Koenders, the visiting foreign minister of Netherlands this morning, tweeted that she has already spoken to Mr Jadhav's mother and informed her of the International Court's order.Mr Jadhav's mother filed an appeal at a higher court asking fr his release, after Pakistan turned down India's repeated requests for consular access to Mr Jadhav.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.Pakistan had claimed that Mr Jadhav was arrested on March 3, 2016, from the restive Balochistan province. Last month, a military court sentenced him to death, alleging he was working as a spy for intel agency Research and Analysis Wing or RAW. Pakistan also claimed that he was "a serving officer in the Indian Navy". Days after his arrest, the Pakistan army had released a video in which he was seen admitting to the claims made by Pakistan. India has rubbished the claims.
So how did it happen that India took Pakistan to the ICJ implying junking of India's own jurisdiction limitation