Kulbhushan Jadhav Case Verdict Highlights: India Expects Pakistan To Grant Consular Access Immediately

In a major victory for India, the International Court of Justice on Wednesday ruled that Pakistan must review the death sentence for Indian national Kulbhushan Jadhav, who has been sentenced to death by a Pakistani military court on charges of espionage and terrorism.

पार्श्वभूमी

Kulbhushan Jadhav Case: The International Court of Justice (ICJ) in Hague on Wednesday delivered its verdict in a case relating to Kulbhushan Jadhav, who was sentenced to death for alleged espionage by a Pakistani military court. The ICJ allowed consular access to India for the 49-year-old Jadhav, a retired Indian naval officer, at around 6.30 pm according to the Indian time. In its ruling, the ICJ said that Pakistan must review the death sentence for Indian national, who has been sentenced to death by a Pakistani military court on charges of 'espionage and terrorism'.A bench led by President of the Court Judge Abdulqawi Ahmed Yusuf ordered an 'effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav'. The bench also ruled that Pakistan had violated India's rights to consular visits after his arrest.Pakistan "deprived the Republic of India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation", the judges said. The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its 'spy'.Who is Kulbhushan Jadhav• Kulbhushan Sudhir Jadhav is a 49-year-old former Indian Navy officer who was arrested by Pakistani officials on March 3, 2016, on suspicion of espionage and sabotage activities against the country.• Jadhav was identified in India as the son of Sudhir Jadhav, a retired Assistant Commissioner of Police in Mumbai, according to Indian Express.• Jadhav's uncle, Subhash Jadhav, was in charge of the Bandra police station in 2002 when the hit-and-run case was registered there against Bollywood actor Salman Khan.• According to sources from his family, Jadhav had sought premature retirement from the Navy in order to start his own business.Today's verdictThe verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.Watch | ICJ to deliver verdict in Kulbhushan Jadhav case on July 17The story so far• It is alleged by the Pakistani government that Jadhav was arrested in the Pakistani province of Balochistan on charges of terrorism and spying for India's intelligence agency, the Research and Analysis Wing.• Claiming that Jadhav was an Indian spy, the Pakistani military court sentenced him to death.• Jadhav was sentenced to death by the Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.• According to Pakistan, it arrested Jadhav in Balochistan province in 2016.• However, India continues to maintain that the retired Indian Navy officer was kidnapped from Iran, where he was running a business.• India has sought annulment of Jadhav’s death sentence and his immediate release since the procedure followed by Pakistan was shrouded in secrecy and lacked credibility.• Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its "spy".The Timelime• India moved the ICJ in May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.• A bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.• A four-day public hearing in the high-profile case took place in February amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammed terror group that killed 40 CRPF soldiers on February 14.Watch | Ground report from ICJ• During the hearing in ICJ, both India and Pakistan submitted their detailed pleas and responses.• Harish Salve, who was representing India in the case, questioned the functioning of Pakistan's notorious military courts and urged the top UN court to annul Jadhav's death sentence, which is based on an "extracted confession".• In his submission in the ICJ on the last day of the hearing, Pakistan's counsel Khawar Qureshi said, "India's claim for relief must be dismissed or declared inadmissible."• Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.(With inputs from PTI)

17/07/2019 22:29:36

Pakistan's foreign minister Shah Mehmood Qureshi said that Jhadav shall remain in Pakistan and will be treated in accordance with the Pakistani laws. He also claimed that ICJ's verdict is a victory for Pakistan.

17/07/2019 22:22:06

We expect Pakistan to do whatever it has to do including appropriate legislative measures to guarantee a fair trial. So Pakistan's conduct is under watch and if what they do is another farcical attempt, we will be back in the Court, Harish Salve said.

17/07/2019 22:21:45

Pakistan had based allegations of what we lawyers call 'abuse of process' and said that is another ground why India shouldn't be allowed the relief it seeks. That has been rejected. ICJ held that Pakistan is guilty of internationally wrongful acts: Salve

17/07/2019 22:20:26

Pakistan repeatedly played slides of what it claimed was passport it had recovered from Jadhav. Not only did the Court get drawn into it, this displaying passport led to the court rejecting Pakistan's argument that Jadhav's nationality was uncertain: Harish Salve

17/07/2019 21:33:52

I have a degree of personal satisfaction that a lot of adjectives were used by Pakistan, even in replying at court I characterise them as unfortunate. I said it's my upbringing and India's tradition which stood in my way of replying to them in that language, Salve said further.

17/07/2019 21:30:18

They (ICJ) said,a fair trial in accordance with the Pakistan constitution. If it is back in military court with the same rule where outside lawyers are not allowed, we are not allowed. Access is not given, evidence is not given. It would not meet standards: Harish Salve said while addressing a press conference after World Court's verdict

17/07/2019 21:16:15

Want to start by expressing gratitude of my country to the ICJ for the manner in which it intervened in this case. It protected Kulbhushan Jadhav from being executed, in a hearing which was put together in a matter of days: India's advocate Harish Salve on ICJ's verdict today

17/07/2019 20:55:36

Official statement by Ministry of External Affairs after International Court's judgement of Kulbhushan Jhadav:

Official statement by Ministry of External Affairs after International Court's judgement of Kulbhushan Jhadav:

17/07/2019 20:39:16

Narendra Modi hails ICJ's verdict on Kulbhushan Jhadav




We welcome today’s verdict in the @CIJ_ICJ. Truth and justice have prevailed. Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice: Prime Minsiter Narendra Modi tweeted.

17/07/2019 20:27:52

We appreciate direction by ICJ that Pakistan should review & reconsider conviction and sentence given to Jadhav by Pakistani military court. We note that the Court has directed that Pakistan is under an obligation to inform Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Vienna Convention. We expect Pakistan to implement directive immediately. This judgement validates India's position on the case. We'll continue to work vigorously for Jadhav's early release and return to India: Raveesh Kumar, MEA added further.

17/07/2019 20:19:07

We welcome the justice delivered just now by ICJ in Hague, in the favour of India. The court by a vote of 15-1 has upheld India's claim that Pakistan is in violation of Vienna Convention on several counts: Raveesh Kumar, MEA

17/07/2019 20:08:35

Congress welcomes ICJ's verdict in Kulbhushan Jhadav case




We welcome the ruling by the International Court of Justice in the KulbhushanJhadhav case. This is a big win for India & we will continue to pray for his early return: Congress tweeted.

17/07/2019 19:38:48

However, it is also worth noting that the International Court of Justice has rejected remedies sought by India, including annulment of Jadhav's conviction, his release and repatriation.

17/07/2019 19:32:21

Indian hails ICJ Ruling




By ordering Pakistan to follow the Vienna Convention this is a complete victory for us. This opens up the possibility of consular access and a retrial in a civilian court: News agency AFP quoted a government official as saying.




If Pakistan wants improved relations it should set him free and give him safe passage back to us: the official said.

17/07/2019 19:16:23

International Court of Justice has directed Pakistan to grant consular access to Kulbhushan Jadhav. It is no doubt a big victory for India: Defence Minister Rajnath Singh.

17/07/2019 19:14:04

What is the Vienna Convention?




Vienna Convention on the Law of Treaties (VCLT) is an international law that governs diplomatic relations between countries. Refering to the much heated Kulbhushan Jadhav's case, India had argued at the International Court of Justice that Pakistan violated the Vienna Convention as it did not provide consular access (diplomatic assistance) to Jadhav before his sentence. The ICJ has today ruled that Pakistan did violate the Vienna Convention.

17/07/2019 19:07:28

ICJ top judge rejects Pakistan's objection to admissibility of India's application in Jadhav case and also said that India's application is admissible.

17/07/2019 18:58:29

The verdict given by the International Court of Justice on Kulbhushan Jadhav case is near unanimous. As per report, out of the 16 judges on the bench, 15 judges have ruled against Pakistan in holding it in violation of the Vienna Convention. The only judge to dissent was the ad hoc judge Tassaduq Hussain Jillani of Pakistan.

17/07/2019 18:48:33

ICJ: Court finds that Pakistan deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation,and thereby breached obligations incumbent upon it under Vienna Convention on Consular Relations.

17/07/2019 18:48:21

International Court of Justice verdict: A continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav

17/07/2019 18:41:20

Reema Omer also said that the Court has also said Jadhav’s death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence in light of Pakistan’s breach of Art 36(1) ie denial of consular access and notification.

17/07/2019 18:39:05

The 16 judge international bench pronounced Kulbhushan Jhadav's consular access to India by a ratio of 15: 1.

17/07/2019 18:37:26

Initial reports also suggest that ICJ has directed Pakistan to provide effective review and reconsideration of his conviction and sentences.

17/07/2019 18:36:01

ICJ has ruled in favour of India on merits, affirming Jadhav’s right to consular access and notification. The Court has directed Pakistan to provide effective review and reconsideration of his conviction and sentences, news agency ANI quoted ICJ legal advisor Reema Omer.

17/07/2019 18:34:30

According to Reema Omer (Legal Advisor to ICJ), the International Court of Justice has given judgement in favour of India and has allowed consular access.

17/07/2019 18:25:30

India's Ambassador to the Netherlands Venu Rajamony and MEA Joint Secretary (Pakistan-Afghanistan-Iran) Deepak Mittal arrive at International Courts of Justice at Hague, Netherlands.

17/07/2019 18:07:49

Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.

17/07/2019 18:01:13

Harish Salve, who was representing India in the case, questioned the functioning of Pakistan's notorious military courts and urged the top UN court to annul Jadhav's death sentence, which is based on an 'extracted confession'.

17/07/2019 18:00:24

Pakistan Foreign Office spokesperson Muhammad Faisal said that Pakistan has fully contested the case before the ICJ.

17/07/2019 17:57:40

The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan.

17/07/2019 17:57:26

According to reports, President of the Court Judge Abdulqawi Ahmed Yusuf will read out the verdict during a public sitting.

17/07/2019 17:56:37

The team from Indian Embassy has arrived at the International Court of Justice for the hearing in Kulbhushan Jadhav case which will start in the next 50 minutes.