Kulbhushan Jadhav Case Verdict | ICJ to announce judgment today, here is what has happened so far

In January 2017, Pakistan had requested for India’s help in conducting an investigation on Jadhav, in return for consular access. However, India had argued that the aforementioned condition presented by Pakistan is in direct violation of the Vienna Convention.

In May 2017, India moved the ICJ against Pakistan for violating the Vienna Convention on Consular Relations, 1963 in the detention, trial and sentencing of Kulbhushan Jadhav. Further, India argued that it was not informed of Jadhav’s detention until long after his arrest and Pakistan did not apprise Jadhav of his rights.

India has told the ICJ that Jadhav was “kidnapped from Iran where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan” on March 3, 2016.

Pakistan informed India of Jadhav’s arrest only on March 25, 2016, and India learnt about his death sentence only through a press release. India has been seeking consular access to Jadhav since then.

Catch LIVE updates from the hearing here. 

Referring to “the extreme gravity and immediacy of the threat that authorities in Pakistan would execute an Indian citizen”, India beseeched the court that Jadhav’s execution be put on hold. On May 18, 2017, the 10-member-bench of the ICJ restrained Pakistan from executing Jadhav until a final verdict is given.

In the year that followed, public hearings were held, where both the countries presented their arguments and counter-arguments in accordance with the court’s prospective.

In the latest round of hearings that were held in February this year, both the countries were given an equal amount of time to present their arguments. Incidentally, the hearings took place in the backdrop of the Pulwama attack where 40 jawans were killed, in what India claimed was a Pakistan-backed terror strike.

What are the arguments presented by India?  

India is being represented by former Solicitor General and renowned advocate Harish Salve and External Affairs Ministry Joint Secretary (Pakistan-Afghanistan-Iran) Deepak Mittal.

India has argued that Pakistan has “extracted” a confession out of Jadhav, seen through a series of video clips released by the neighbouring country.

Questioning the process followed by Pakistani military courts, Salve has argued that the sentence awarded to Jadhav violates international law and various provisions of the Vienna Convention. He asked the court to annul the decision given by the Pakistani military court and restrain them to uphold Jadhav’s conviction. He demanded that Jadhav be released immediately and that Pakistan facilitate his safe passage to India.

Read Also | Kulbhushan Jadhav Case Verdict | What are the possible scenarios after the ICJ judgment?

In the case, the ICJ were to find that Jadhav is not to be released, India has requested that full consular access be given to him and India be given a right to represent Jadhav legally. In addition, Salve has pleaded that Jadhav be tried in a civilian court in strict conformity with provisions of the International Covenant on Civil and Political Rights, and not in a military court. He added that his video confessions be excluded from his civilian trial.

What are the arguments presented by Pakistan?

Pakistan was represented by Attorney General Anwar Mansoor Khan while Khawar Qureshi was legal counsel.

Pakistan has denied India’s claims and asserted that their military courts are “extremely independent”.

Khan told the court that India was adamant on a civilian trial for Jadhav as he would not be granted any relief in the military court on account of his charges of espionage. He said Pakistan offered an opportunity for a judicial review to Jadhav, but he refused to take it.

On India’s claims of consular access, he said it “was for good reason” as Jadhav has been charged under espionage.