India has scored a big victory in the Kulbhushan Jadhav case at the International Court of Justice. In a 15-1 verdict, the Court has granted India consular access to Kulbhushan Jadhav. In addition, the court has also maintained the stay on his execution.
The court has said that Jadhav’s death sentence should remain suspended until Pakistan reviews and reconsiders the conviction/sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification.
#Update | Death sentence for Kulbhushan Jadhav suspended by the ICJ. | #IndiaJadhavVictory pic.twitter.com/GfQ6HyDuuh
— TIMES NOW (@TimesNow) July 17, 2019
The judgment by the international court is a big embarrassment for Pakistan.
Kulbhushan Jadhav is an Indian Navy officer who retired prematurely. He had no link with the government, since his retirement. However, as per Pakistan Jadhav is a serving officer in the Indian Navy, commissioned to the Research and Analysis Wing (RAW). Pakistan believes Kulbhushan Jadhav to be involved in subversive activities in Balochistan and Karachi.
According to Pakistan, Kulbhushan Jadhav was arrested inside Balochistan in Mashkel near the border region of Chaman on 3 March 2016 during a counterintelligence raid conducted by security forces.
Indian government rubbished Pakistan’s claims and maintained that Jadhav was abducted from Iran where he works as a businessman.
Baloch leader Hyrbyair Marri echoed India’s stand and categorically stated that Kulbhushan Jadhav was “never arrested from Balochistan”, in fact he was, “abducted from Iran by Pakistani state-sponsored religious proxies and handed over to Pakistani forces.”
In a major loss of face to Pakistan, even an ex-ISI officer admittedthat Kulbhushan Jadhav was indeed captured from Iran.
As per Indian sources and statements, he was abducted near the Iran Pakistan border, by March 2016, by the Taliban terrorists, who sold him to Pakistani intelligence at Balochistan, after which he was incarcerated presumably in Karachi, and sentenced to death within three months of the proceedings being opened in the military courts, throwing all legal proceedings to the wind.
This sentence was in clear violations of the Geneva Conventions, a set of rules that apply only in cases of armed conflict, and seek to protect those who are not involved at present in such hostilities, such as wounded, sick and shipwrecked members of the armed forces from all corners, prisoners of wars, and civilians etc.
In 2017, India has appeared in the International Court of Justice to get a stay on Kulbhushan Jadhav’s execution. India’s efforts to approach and stay the execution of Kulbhushan Jadhav by the Pakistani government at the International Court of Justice (ICJ) saved the day for the Modi government.
On December 25, after repeatedly denying consular access, Pakistan allowed Kulbhushan Jadhav’s mother and wife to visit. India accused Pakistan of harassing both during the meeting in Islamabad.
In July 2018 India and Pakistan both filed a second round of written statements, with Pakistan replying to India’s claims relating to treatment of Kulbhushan Jadhav with respect to the Vienna Convention on Consular Relations 1963.
The ICJ conducted a four-day hearing in February 2019. On July 4, the court announced it would deliver its verdict on July 17.
Today’s verdict of the ICJ is a big victory for India and an embarrassment for Pakistan which denying consular access to Kulbhushan Jadhav in contravention to international laws.
