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 global human rights law.
Given this analysis, the ICJ has 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 global court.
Leaders cutting across the party today welcomed the order of International Court of Justice staying the execution of Indian national Kulbhushan Jadhav by Pakistan and asked it to respect the same.
The ICJ told Pakistan that it must inform the court of all measures it takes on Jadhav following the verdict, including granting consular access to India..
Jadhav was arrested in the southwestern province of Balochistan in March 2016 and Pakistani officials claim he has confessed to spying for Indian intelligence services.
India has accused Pakistan of "egregious violations" of the Vienna Convention on Consular Access.
Pakistan did not even grant India consular access to Jadhav in spite of 16 requests, a fact pointed out at the ICJ. "ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India", Swaraj tweeted.
Senior attorney Harish Salve, who is India's counsel at the ICJ, had called the trial conducted by Pakistan "farcical" and the one without a "shred of evidence" during the May 15 hearing of the matter.
The ICJ was not convinced with Pakistan's argument that there was no urgency because Jadhav's execution date was not fixed. This order is very serious, of the kind of mockery in the name of judicial system that exists in Pakistan. However, Pakistan released a video of Jadhav admitting he was a "spy".
The president of the court, Ronny Abraham, read out the decision.
The only condition under which Jadhav now stands to face execution is if Pakistan does not comply with the ICJ's decision.
"The court reaffirms that its orders under provisional measures are binding and create a legal obligation", up countries that are signatories to the Vienna Convention. 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. The two neighbours last had a face-off at the ICJ 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft.