Kulbhushan Jadhav ICJ Verdict: India granted consular access, Pak directed to review its conviction
The International Court of Justice today ruled in favour to India in the case of former Navy officer Kulbhushan Jadhav who had been sentenced to death by a Pakistani Military court on charges of "espionage and terrorism". In its ruling, the Hague-based court affirmed Mr Jadhav's right to consular access and called on Pakistan to review and reconsider his conviction and sentence.
The court further said that Mr Jadhav's execution should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence. The court also recognised Pakistan's breach of the Vienna Convention. The session today was held under the presidency of Judge Abdulqawi Ahmed Yusuf.
Kulbhushan Jadhav was arrested by Pakistan the March 2016 and accused of "espionage". A year later, a Pakistani military court sentenced him to death. A month later, India took Pakistan to the world court and Mr Jadhav's execution was stayed in May 2017. India asserts that Mr Jadhav was kidnapped from Iran, where he had business interests after retiring from the Navy. India also accused Pakistan of denying him consular access in violation of the Vienna Convention.
In December 2017, Mr Jadhav's meeting with his wife and mother was allowed by Pakistani authorities. India accused Pakistan of harassing them on their visit to Islamabad. In February, the ICJ held a four-day public hearing in the case.
Here are highlights on the Kulbhushan Jadhav case verdict:
Harish Salve, India's Counsel At The International Court Of Justice
- As a lawyer, I am delighted with this judgement. I see the judgement with a sense of relief
- It is now the moment for us to help Jadhav get justice
- The court has held that Pakistan is guilty of international wrongful acts and it must immediately stop it
- If the ICJ verdict is disobeyed, we can go through the UN sanction route. But I don't think Pakistan will go that way. At least I hope they don't
- They (Pakistan) have to allow review and reconsideration, the court has ordered
- If it's back in military court with the same rule, where outside lawyers aren't allowed, we aren't allowed, (consular) access isn't given, evidence isn't given (then) it won't meet standards
- The court has said (Pakistan) will take all measures necessary, including legislative measures
- Pakistan took 3 months to notify us. The court said that was a breach (of the Vienna convention)
"Truth and Justice Have Prevailed": Prime Minister Modi On World Court's Kulbhushan Jadhav Verdict
"Pakistan's new prime minister had said it was a naya
Pakistan. A new Pakistan will not be built by merely giving interviews, he will have to do something (to build naya
Pakistan). He will have to take initiative," says Sachin Kale, Kulbhushan Jadhav's friend
Congress P Chidambaram On Kulbhushan Jadhav Verdict
The ICJ has no means to enforce its rulings which are final and without appeal. It is unclear from the ruling what exactly would constitute an effective review of Jadhav's sentence.
Court Rejected India's Submission Seeking Kulbhushan Jadhav's Release And Safe Passage To India
The International Court Of Justice also rejected remedies sought by India, including annulment of Mr Jadhav's conviction, his release, and and repatriation.
World Court Judges Voted 15 To 1 In Favour Of India
The court found by 15 votes to 1 that Pakistan had breached Jadhav's rights under the Vienna convention on consular relations. Even judge from China voted in favour of India. The lone dissenting judge was from Pakistan
India Hails The Ruling As A "Complete Victory"
"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," a government official was quoted as saying by AFP.
"If Pakistan wants improved relations it should set him free and give him safe passage back to us."
"I warmly welcome the ICJ judgment staying the execution of Kulbhushan Jadhav & granting consular access to India. Truth and justice prevails. This son of our soil must be back soon with his family," Delhi Chief Minister Arvind Kejriwal tweets
Former Foreign Minister Sushma Swaraj Reacts To The World Court's Verdict
Rajnath Singh On World Court's Verdict In Kulbhushan Jadhav Case
"International Court of Justice has directed Pakistan to grant consular access to #KulbhushanJadhav. It is no doubt a big victory for India," Defence Minister Rajnath Singh is quoting as saying by news agency ANI
Indian legal team at the International Court of Justice in The Hague
World Court Rejects Pakistan's Objections To Admissibility Of India's Application
"Pakistan's objection based on 'clean-hands' doctrine must be rejected," says Judge Abdulqawi Ahmed Yusuf, President of the Court reading the verdict.
"Pakistan has not explained how any of the wrongful acts allegedly committed by India may have prevented Pak from fulfilling its obligation," the court says.
World Court Ruling
- "The court finds that it has jurisdiction to entertain India's claims"
- "India was under no obligation to consider other dispute settle mechanism prior to instituting proceedings. Thus Pak's objection based on alleged non-compliance cannot be upheld"
The session today is being held under the presidency of Judge Abdulqawi Ahmed Yusuf.
International Court of Justice rules in favour to India
- Court affirmed Mr Jadhav's right to consular access
- Called on Pakistan to review and reconsider his conviction and sentence
- Court also said that Mr Jadhav's execution should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence
Friends of Kulbhushan Jadhav gathered today wearing T-shirts with his photo printed in the neighborhood where he grew up, in Mumbai
On March 3, 2016, Kulbhushan Jadhav, a former naval officer, was arrested by Pakistan agencies on charges of spying