As the International Court of Justice (ICJ) held Pakistan in violation of the Vienna Convention and granted consular access to Kulbhushan Jadhav, here is a look at a brief timeline of the case:
The International Court of Justice (ICJ) is scheduled to deliver its verdict in the Kulbhushan Jadhav case between India and Pakistan at 06:30 pm IST today, on July 17.
Judge Abdulqawi Ahmed Yusuf, the President of the principle judicial organ of the United Nations, will read out the verdict at the Peace Palace in The Hague.
49-year-old Jadhav, a retired navy officer, was allegedly arrested on March 3, 2016, while India was informed only on March 25. Pakistan’s military court sentenced him to death on charges of espionage and terrorism in April 2017.
India moved the ICJ against Pakistan in May 2017 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 been fighting for consular access since then.
India has argued 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.
India is being represented in this case by noted Supreme Court lawyer Harish Salve.
As the International Court of Justice (ICJ) held Pakistan in violation of the Vienna Convention and granted consular access to Kulbhushan Jadhav, here is a look at a brief timeline of the case:
Kulbhushan Jadhav Case Verdict | As a lawyer, the verdict is relieving and gratifying. I am very happy with the verdict. It is a trenchant indictment of Pakistan,says Harish Salve.
Kulbhushan Jadhav Case Verdict | The court has asked Pakistan to conduct a fair trial as per their Constitution, says Harish Salve.
Kulbhushan Jadhav Case Verdict | Review and reconsideration means that Jadhav will be allowed consular access, will be informed of his rights, and rest assured he won't be executed,says Harish Salve.
Kulbhushan Jadhav Case Verdict | We had asked ambitiously asked for annulment, the court refused that. But, they have asked for review and reconsideration. The court has excluded clemency as a part of review and reconsideration, says Harish Salve.
Kulbhushan Jadhav Case Verdict | The court has made it clear that Pakistan knew the nationality of Jadhav from the passport that they procured. Hence delaying a notification of his arrest to India was a violation of the Vienna Convention, says Harish Salve.
Kulbhushan Jadhav Case Verdict |Renowned Supreme Court Advocate Harish Salve, who represented India in the Kulbhushan Jadhav case at the ICJ, addresses the media:
Kulbhushan Jadhav Case Verdict |We note that the Court has directed Pakistan to brief Jadhav of his rights, and to provide consular access to him. We expect that Pakistan fulfils these obligations at the earliest, said MEA spokesperson Raveesh Kumar.
Kulbhushan Jadhav Case Verdict | ICJ Chief Justice Abdulqawi Yusufhas concluded reading out the judgment and has closed the hearing.
Kulbhushan Jadhav Case Verdict | The court believes that Pakistan should take all measures at its disposal to make sure that Jadhav is not executed before the conclusion of his trial.
Kulbhushan Jadhav Case Verdict | The Court suggests that Pakistan keeps human rights violations in mind while providing effective review and reconsideration to Jadhav's sentence; and it must be non-partisan and performed unconditionally, even if it requires forming legislation.
However, the means to do that is left with Pakistan.
Kulbhushan Jadhav Case Verdict | The court suggests that there are two ways of seeking clemency – one from the court and second, from the President. During the oral proceedings, Pakistan had said that fair trial is of cardinal importance and that the option of judicial review is also open.
Kulbhushan Jadhav Case Verdict | Jadhav can seek a judicial review againstcourt-martial by Pakistani military court. A military court, however,doesn't necessarily allow judicial review in the case when there have been human rights violations.
