ICJ orders Pakistan to Review Kulbhushan Case, victory for India

The judgement said that Pakistan was under obligation to inform Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Conventuion.

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ICJ orders Pakistan to Review Kulbhushan Case, victory for India
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The United Nation’s top court, International Court of Justice (ICJ) has ordered Pakistan to review and reconsider death sentence for Kulbhushan Jadhav, a former Indian Navy Officer who has been convicted of spying, under the provisions of the 1963 Vienna Convention.

Pakistan had charged Jadhav of espionage and sabotage activities against Pakistan and he was sentenced to death in 2017 by the Pakistani military court.

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 The Prime Minister Narendra Modi welcomed the verdict and said that truth and justice have prevailed. He tweeted that Jadhav will surely get justice. Rajnath Singh, the Union Defense Minister described the verdict as a big victory for India and a win for Modi’s diplomatic initiative.

ICJ orders Pakistan to Review Kulbhushan Case, victory for India

 New Delhi alleged that Jadhav had been kidnapped by Pakistani agents in Iran, where he had gone on a business trip after retiring from the Indian Navy. However, Pakistan accused Jadhav of being an Indian spy and of supporting Baloch separatists in the region’s unrest. The Indian External Affairs ministry also pointed out that Islamabad had informed the Indian High Commission of Jadhav’s detention three weeks after Pakistan had first taken him into custody.

 On Wednesday, the ICJ ruled that Pakistan breached the Vienna Convention by denying India ‘the right to communicate with and have access to Jadhav, to visit him in detention and to arrange for his legal representation.

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 According to Live Mint, Pakistan raised three objections to the admissibility of India’s application in the case before the ICJ, including India’s alleged abuse of process, abuse of rights and unlawful conduct. However, these were rejected by the top court. “A continued stay of execution is an indispensable condition for the effective review and reconsideration of the conviction and sentence of Jadhav,” the ICJ said. “The appropriate reparation in this case consists in the obligation of the Islamic Republic of Pakistan to provide, by the means of its own choosing, effective review and reconsideration of the conviction and sentence of Jadhav,” it stated.

 Moreover, the judgement said that Pakistan was under obligation to inform Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Conventuion.



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ICJ orders Pakistan to Review Kulbhushan Case, victory for India
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The judgement said that Pakistan was under obligation to inform Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Conventuion.
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The Policy Times