The court stated that Pakistan is “under an obligation” to review and reconsider Kulbhushan Jadhav’s sentence.

Kulbhushan Jadhav case International Court of Justice rules in favour of India
news Law Wednesday, July 17, 2019 - 18:54

The International Court of Justice delivered its verdict in favour of Kulbhushan Jadhav on Wednesday. Kulbhushan Jadhav was sentenced to death for alleged espionage by a Pakistani military court. Out of the 16 judges in the ICJ, 15 ruled in favour of India.

“...By not informing Mr. Kulbhushan Sudhir Jadhav without delay of his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that provision,” the verdict stated.

The court affirmed his right to consular access and stayed his execution. The court also stated that Pakistan is “under an obligation” to review and reconsider Kulbhushan Jadhav’s sentence.

“To conclude, the Court finds that Pakistan is under an obligation to provide, by means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr. Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Vienna Convention…,” it added. 

“The Court considers that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Jadhav,” the verdict said. 

Former External Affairs Minister Sushma Swaraj tweeted that she welcomed the decision. 

Pakistan says it arrested Jadhav in Balochistan province in 2016. However, India says he was kidnapped from Iran, where he was running a business. Jadhav, who hails from Powai area of Mumbai and is 49 years old now, was put to trial in a military court instead of a civil court, and a death sentence was pronounced against him on April 10, 2017. He was declared guilty of terrorism and espionage and sentenced to death. 

India approached the ICJ for mediation in the case. The ICJ asked Pakistan to hold off the execution till it reaches its final verdict in the case.

In November 2008, India and Pakistan inked a bilateral agreement on Consular access to their prisoners in each others' countries. Pakistan has denied India's requests for consular access to Jadhav multiple times. India told the ICJ that this was in violation of the Vienna Convention. Under Article 36 of the Vienna Convention, Indian officials should have been allowed access to Jadhav and he too is entitled to similar access to Indian consular officials. Pakistan was also bound to inform Jadhav of his rights to access Indian officials, and any communication by him should have been forwarded to Indian officials.

After Jadhav's arrest on March 3, 2016, Pakistan took over three weeks to inform India. It was conveyed by the Pakistan Foreign Secretary to the Indian High Commission on March 25.

With IANS inputs

Become a TNM Member for just Rs 999!

You can also support us with a one-time payment.

Rs 200Rs 500Rs 1500Custom