TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

How the ICJ verdict opened the door for Kulbhushan Jadhav’s possible return

Akriti Tyagi by Akriti Tyagi
21 July 2019
in Opinions
How the ICJ verdict opened the door for Kulbhushan Jadhav’s possible return

(PC: One India)

Share on FacebookShare on X

Kulbhushan Jadhav case

On 17th July, in a 15-1 verdict, the International Court of Justice (ICJ) has granted India consular access to Kulbhushan Sudhir Jadhav and has also maintained the stay on his execution. Kulbhushan Jadhav is a retired Indian naval officer who had been sentenced to death by the military court in Pakistan on grounds of espionage.

RelatedPosts

Congress’s Pakistan Syndrome: How Appeasement and Denial Threaten India’s Strength

Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

The Meth Boom From Makran: Why Pakistan’s Crystal Meth Output Is Surging And Where It Ends Up

Load More

While the verdict is definitely a diplomatic victory for India, and a source of embarrassment for Pakistan, the citizens are left wondering, what next? Even though Jadhav isn’t returning home at the moment, how is the verdict relevant?

The case

On 3rd March 2016, Kulbhushan Jadhav was arrested in Balochistan, after being linked with terrorist attacks in Pakistan. The Pakistani government claimed that he was a serving Indian officer in the navy and was involved with the Indian intelligence agency, RAW. However, the Indian government maintained that he was a former naval officer, presently retired with no links to the government and had been kidnapped in Iran. After conducting a 3 ½ month secret trial, Kulbhushan Jadhav was sentenced to death in the Pakistani military court on April 10, 2017.

Issues

The investigation and the trial were fraught with irregularities. Pakistan denied extradition to India and Kulbhushan Jadhav was even denied consular access. Former Pakistan Prime Minister’s Adviser on Foreign Affairs, Sartaj Aziz, admitted that Pakistan had “insufficient evidence” on the alleged Indian spy. Yet Pakistan chose to go ahead with the execution. The sentencing was based on a “confessional” which was extracted from Jadhav in captivity. Needless to say, it was without any proper legal or consular representation. Pakistan maintained that Jadhav was allowed legal representation as per the laws in the country. However, this was effectively negated when the Lahore High Court Bar Association announced that it would act against any lawyer who extended services to Jadhav. Hence it is unlikely that Jadhav got proper representation.

Vienna Convention

The rule of the Vienna Convention on consular relations, 1963 dictate the established consular norms and protocol between 2 nations, to which both, India and Pakistan are signatory.

Article 36 (1)(b) if he (national of the sending state) so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;

(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

In accordance with Article 36 of the Vienna Convention, Pakistan was supposed to:

  1. Inform India immediately of Jadhav’s arrest
  2. Inform Jadhav of his rights under the article
  3. Grant consular access to him
  4. Enable consular officers to arrange for proper legal representation

Unfortunately, Pakistan failed on all of these fronts. Not only was Jadhav unaware of his rights, but India was denied consular access despite multiple requests. Also, India was made aware of the arrest 3 weeks after the arrest which was completely against the rights of the accused.

ICJ trial and judgment

After Pakistan sentenced Kulbhushan Jadhav to death, India moved the ICJ. Through the court, India sought the following reliefs:

  1. Immediate suspension of the sentence of death awarded to the accused
  2. Restitution in integrum (sending Jadhav home)
  3. Restraining Pakistan from giving effect to the sentence awarded by the military court
  4. Either Pakistan should annul the decision of the military court or the ICJ should declare the decision illegal

Pakistan tried its best to quash the case. They first tried to question the admissibility of India’s application, which was thwarted by the court. Then Pakistan, argued by Khawar Qureshi, tried to claim that Jadhav’s nationality wasn’t established beyond all reasonable doubts and hence the application is inapplicable. This was ironic, considering the fact that Pakistan themselves had referred to Jadhav as Indian in their submissions and hence the objection was denied by the court. Pakistan put up a third objection, claiming that since India’s conduct had been unlawful, they couldn’t get respite under the court. This was effectively rejected by the court as the ICJ failed to understand how India’s alleged misconduct had interfered in Pakistan providing consular access to the accused.

Amidst the arguments put forward by Khawar Qureshi, Pakistan had attempted to shirk from its responsibility of following the Vienna Convention, which was suitably rejected by the court.

After a 4 day public hearing in February 2019, ICJ ruled on 17th July that Pakistan has violated the provisions of article 36 of the Vienna Convention on Consular Relations. In this regard, the court has directed Pakistan to:

  1. Suspend the execution
  2. Inform the accused of his rights under the article and allow him consular access.
  3. Consular officers should be allowed to arrange legal representation for him.
  4. Review and reconsider the conviction and sentence of Kulbhushan Jadhav.

ICJ has further directed Pakistan to take all measures necessary to abide by the judgment, even if it necessitates “enacting appropriate legislation”

While it’s true that Kulbhushan Jadhav is not returning to India at the moment, ICJ’s judgment has provided immense relief to Jadhav and India as a whole. The investigation and trial conducted by Pakistan, without India having any knowledge about the case or without Jadhav having an aid who had his best interests at heart, was nothing short of a sham. The trial was conducted secretly and quickly and it is obvious that Jadhav did not have the resources or the ability to defend himself in a fair manner.

Pakistan knew that if the case was adjudicated by the ICJ, they may rule against the interests of Pakistan, which is exactly what has happened. Now, they have to extend a fair trial to Jadhav with proper legal representation. The Pakistani military had gone out of its way to prove Jadhav to be a terrorist and espionage and this judgment has thwarted the nefarious intent. Now, with proper consular access and legal representation, the Pakistani military will not be able to fabricate facts and hence, reviewing of the case will be done in a free and fair manner.

Tags: ICJKulbhushan JadhavPakistan
Share160TweetSend
Previous Post

As Bihar suffers through floods, Nitish Kumar’s sheer incompetence has hit saturation point

Next Post

RBI cracks down on erring banks under governor Shaktikanta Das, banks fined ₹109 crores in 2019 alone

Related Posts

Despite Nehru’s objection, Rajendra Prasad became India’s first President !
History

How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

4 December 2025

The birth anniversary of former President Dr Rajendra Prasad sparked a word of words between the ruling BJP and...

JUH: A Tale of Two Madanis & Endless Justifications
Opinions

Jamiat Ulama e Hind and Madani’s pitch for Sharia Laws for Muslims swearing by Secular Constitution

4 December 2025

Teachers of Darul Uloom, Deoband, the second largest Islamic seminary of the world after Al-Azhar, Cairo, are found involved...

Why Rahul Gandhi’s US Outreach Repeatedly Directs to a Web of Shadow Controversial Islamist Networks?
Opinions

Why Rahul Gandhi’s US Outreach Repeatedly Directs to a Web of Shadow Controversial Islamist Networks?

20 November 2025

Congress leader Rahul Gandhi’s repeated engagements in the United States including interactions with individuals and organisations linked to controversial...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

A War Won From Above: The Air Campaign That Changed South Asia Forever

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37

‘Mad Dog’ The EX CIA Who Took Down Pakistan’s A.Q. Khan Nuclear Mafia Reveals Shocking Details

00:06:59

Dhurandar: When a Film’s Reality Shakes the Left’s Comfortable Myths

00:06:56

Tejas Under Fire — The Truth Behind the Crash, the Propaganda, and the Facts

00:07:45

Why Rahul Gandhi’s US Outreach Directs to a Web of Shadow Controversial Islamist Networks?

00:08:04
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited