The Hague: India will ask the UN’s top court, International Court of Justice (ICJ), on Monday to order Pakistan to take Kulbhushan Sudhir Jadhav, a retired Naval officer, off death row, in a case that could stoke fresh tensions after a deadly attack in Kashmir.

Mr Jadhav was arrested in the restive southwestern Pakistani province of Baluchistan in March 2016 on charges of espionage and sentenced to death by a military court. Mr Jadhav has denied the charges.

India insists Mr Jadhav was not a spy, and that he was kidnapped in Pakistan. New Delhi in court documents is asking that the ICJ order Islamabad to annul the sentence.

The ICJ urgently ordered Pakistan in 2017 to stay the execution of Mr Jadhav, pending hearings on the broader Indian case that take place this week in The Hague.