Kulbhashan Jadhav Verdict: The ICJ also asked Pakistan to provide India consular access to Jadhav.
Kulbhashan Jadhav Verdict: In a huge success for India at the International Court of Justice (ICJ), the World Court on Wednesday asked Pakistan to review the death sentence awarded to Indian national Kulbushan Jadhav. He was sentenced to death by a Pakistani military court on charges of “espionage and terrorism” in April, 2017. The ICJ also asked Pakistan to provide India consular access to Jadhav.
While reading out the verdict, President of the Court Judge Abdulqawi Ahmed Yusuf, ordered an “effective review and reconsideration of the conviction and sentence” Kulbhushan Jadhav.
The latest verdict by the ICJ has come almost five months after a 15-member bench reserved its decision in February after hearing oral submissions by both India and Pakistan. The case proceedings took nearly two years to finish.
On May 8, 2017, India moved ICJ on May 8, 2017, for the “egregious violation” on provisions of the Vienna Convention by Pakistan by continuously denying New Delhi consular access to Jadhav.
ICJ verdict: Key Points
1. During the hearing, the court observed that Kulbhushan Jadhav was denied consular access. It asked Pakistan to provide consular access to the former Indian Navy officer. Pakistan had previously rejected India’s request for consular access to Jadhav, saying New Delhi wanted the access to get the information gathered by the “spy”.
2. The court on Wednesday suspended the execution order of Kulbhushan Jadhav, that was awarded by a Pakistani military court in April 2017.
3. Suspending the death sentence awarded to Jadhav, the court asked Pakistan to review the death sentence. During the hearing, Pakistan’s counsel Khawar Qureshi said that India’s claim for relief must be declared inadmissible.
4. In a major win for India, the ICJ said that Pakistan violated the Vienna Convention. It said that Pakistan deprived India of the right to communication with Jadhav, thereby breaching obligations under Vienna Convention norms on Consular Relations.
5. However, the court rejected most of the remedies that India sought, including annulment of the military court decision that convicted Jadhav, his release and safe passage to India.