Kulbhushan Jadhav verdict: Congress wants revision of a contentious part of ICJ judgement

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Published: July 18, 2019 6:44:27 PM

The ICJ on Wednesday stayed the death sentence awarded to Jadhav till Pakistan provides consular access to India and reviews the whole case. In 2017, a Pakistan military court hastily sentenced Jadhav to death on the alleged charges of espionage — an allegation India rejected saying its national was abducted from Iran.

Kulbhushan Jadhav, Kulbhushan Jadhav case, Kulbhushan Jadhav verdict, Kulbhushan Jadhav ICJ case, ICJ, ICJ judgement, ICJ verdict Kulbhushan Jadhav, ICJ verdict, International Court of Justice, Congress on ICJ verdictA view of the International Court of Justice presided by ICJ judge Abdulqawi Ahmed Yusuf during the Kulbhushan Jadhav’s verdict in Hague, Netherlands on Wednesday. (PTI)

Kulbhushan Jadhav verdict: The Congress on Wednesday welcomed the verdict delivered by the International Court of Justice but flagged one para that it wanted the government to seek revision of from the ICJ. Moments after the ICJ found Pakistan guilty of violating Article 36 of the Vienna Convention and asked Islamabad to review and reconsider the case, Congress media in-charge Randeep Singh Surjewala pointed out that the court has stated in its order that it was not the conviction and sentence of Jadhav which was regarded as a violation of Article 36.

While welcoming the judgement, Surjewala said that the government should seek revision of this part from the ICJ. “Refusal by ICJ to allow return of Jadhav to India is unnerving. Para 137 – “it is not the conviction and sentence of Mr Jadhav which are to be regarded as a violation of Article 36…these submissions made by India cannot be upheld”…Urge the Govt to seek revision of this part!” Surjewala said while quoting the court order.

India had appealed to the global court to annul the death sentence given by Pakistan’s military court and to restrain Pakistan from giving effect to the death sentence to Indian national Jadhav. However, the ICJ in its judgement rejected the demand saying, “…that it is not the conviction and sentence of Mr. Jadhav which are to be regarded as a violation of Article 36 of the Vienna Convention. The Court also recalls that “[i]t is not to be presumed…that partial or total annulment of conviction or sentence provides the necessary and sole remedy” in cases of violations of Article 36 of the Vienna Convention (ibid., p. 60, para. 123). Thus, the Court finds that these submissions made by India cannot be upheld.”

The Congress leader also said that the court did not address India’s concern for safety and well being of Kulbhushan Jadhav. Citing another para from the verdict, Surjewala said: “Every Indian’s concern for safety & well being of #kulbhushanJadav remains unaddressed! ICJ has authorised rogue Pak to- 1. Review & reconsider Jadav’s case; 2. In a ‘manner’ and ‘forum’ of their choosing(Para 146). Leaves Jadhav vulnerable to another miscarriage of justice.”

The ICJ on Wednesday stayed the death sentence awarded to Jadhav till Pakistan provides consular access to India and reviews the whole case. In 2017, a Pakistan military court hastily sentenced Jadhav to death on the alleged charges of espionage — an allegation India rejected saying its national was abducted from Iran.

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