The International Court of Justice has ordered Pakistan to review Kulbhushan Jadav’s death sentence, ruling Islamabad had violated New Delhi's rights to consular visits after his arrest.
The Hague-based ICJ has ordered the “effective review and reconsideration of the conviction and sentence.”
ICJ President Abdulqawi Ahmed Yusuf delivered the judgment. Fifteen other judges have concurred with the final verdict. The Pakistani judge has dissented.
The U.N. top court has ruled that Pakistan had breached the Vienna Convention on diplomatic relations, which gives countries the right to consular access when their nationals are arrested abroad.
Pakistan “deprived the Republic of India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation”, the judges said.
“A continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav,” the world court ruled.
ICJ President Abdulqawi Ahmed Yusuf delivers the verdict in the Kulbhushan Jadhav case at the Peace Palace in The Hague, Netherlands on July 17, 2019. Photo: UN Web TV
Here are the latest updates:
Read full text of ICJ judgment on the case
Truth and justice have prevailed, says Modi
Prime Minister Narendra Modi tweets: “We welcome today’s verdict in the ICJ. Truth and justice have prevailed. Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice. Our Government will always work for the safety and welfare of every Indian.”
The Ministry of External Affairs too issued a statement welcoming the verdict. The full statement reads as follows:
"We welcome the judgement delivered just now by the International Court of Justice in The Hague in favour of India in the case relating to Shri Kulbhushan Jadhav.
The Court, by a vote of 15-1, has upheld India's claim that Pakistan is in egregious violation of the Vienna Convention on Consular Relations, 1963 on several counts.
We also appreciate the direction by the International Court of Justice that Pakistan should review and reconsider the conviction and sentence given to Shri Jadhav by the Pakistani military court.
We note that the Court has directed that Pakistan is under an obligation to inform Shri Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with the Vienna Convention. We expect Pakistan to implement the directive immediately.
This landmark judgement validates India's position on this matter fully. We will continue to work vigorously for Shri Kulbhushan Jadhav's early release and return to India."
Win for Modi’s diplomatic initiative, says Rajnath
Defence Minister Rajnath Singh tweets: “The ICJ’s verdict on Kulbhushan Jadhav is big victory for India. The ICJ directing Pakistan to grant consular access to Jadhav and asking them to review the conviction and the sentence is a welcome decision. It is also a big win for PM Sh. Narendra Modi’s diplomatic initiative.”
Jadhav’s village in Maharashtra erupts in joy
Residents of a small village in the western Maharashtra district of Satara on July 17 celebrated as the International Court of Justice (ICJ) stayed the death sentence awarded to local lad Kulbhushan Jadhav by a Pakistan court.
There were cheers of joy and sighs of relief as Judge Abdulqawi Ahmed Yusuf, President of the ICJ, read the court’s decision to stay Kulbhushan Jadhav’s death sentence till Pakistan reviews the trial.
ICJ delivers ‘justice’ in true sense of the word: Chidambaram
Senior Congress leader P. Chidambaram has welcomed the International Court of Justice verdict, saying justice has been delivered in the true sense of that word.
“ICJ delivers ‘justice’ in the true sense of that word, upholding human rights, due procedure and the rule of law,” Mr. Chidambaram has tweeted. “A 15:1 verdict is actually a unanimous verdict.”
‘A complete victory’
“By ordering Pakistan to follow the Vienna Convention this is a complete victory for us. This opens up the possibility of consular access and a retrial in a civilian court,” AFP quotes an Indian official as saying. “If Pakistan wants improved relations it should set him free and give him safe passage back to us.”
ICJ rejects Pakistan’s objection to admissibility of Indian application
ICJ observes:
- Kulbhushan Jadhav is an Indian national.
- Rejects Pakistan’s objection to ICJ jurisdiction over the case.
- No doubt about Jadhav’s Indian nationality.
- Court says Pakistan’s second objection to admissibility of Indian application is rejected.
- Pakistan had alleged that India failed to investigate false cover name for Jadhav. ICJ rejects this too.
The Indian team at the ICJ as the court delivers its verdict in the Kulbhushan Jadhav case at the Peace Palace in The Hague, Netherlands on July 17, 2019. Photo: UN WebTV
Sushma welcomes verdict
Meanwhile, former External Affairs Minister Sushma Swaraj welcomed the verdict in the Kulbhushan Jadhav case.
“I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India. I thank the Prime Minister Shri @narendramodi for our initiative to take Jadhav's case before International Court of Justice,” Ms. Swaraj tweeted.
“I thank Mr. Harish Salve for presenting India's case before ICJ very effectively and successfully. I hope the verdict will provide the much needed solace to the family members of Kulbhushan Jadhav,” she added.
ICJ asks Pakistan to review conviction, sentencing of Jadhav
International Court of Justice asks Pakistan to review conviction and sentencing of Jadhav. A continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Jadhav, says ICJ President Abdulqawi Ahmed Yusuf, reports ANI.
The ICJ finds that Pakistan deprived India of the right to communicate with and have access to Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached obligations incumbent upon it under Vienna Convention on Consular Relations, reports ANI.
ICJ affirms Jadhav’s right to consular access
Reema Omer, International Legal Advisor, South Asia for the ICJ tweets this: “ ICJ has ruled in favour of India on merits, affirming Jadhav’s right to consular access and notification.
“The Court has directed Pakistan to provide effective review and reconsideration of his conviction and sentences.
“The Court has also said that Jadhav’s death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification.
“The Court has, however, rejected most of the remedies sought by India, including annulment of military court decision convicting Jadhav, his release and safe passage to India.”
Indian Embassy team arrives at the International Courts of Justice
Indian Embassy team arrives at the International Courts of Justice for the Jadhav verdict, reports news agency ANI. Indian Ambassador to the Netherlands Venu Rajamony and MEA Joint Secretary (Pakistan-Afghanistan-Iran) Deepak Mittal in the team.
Watch: What is the International Court of Justice? The role and activities of the ICJ
The verdict will bring to a close India’s two-year long quest for a reprieve for Kulbhushan Jadhav, who, the government believes, was convicted falsely on charges of terrorism in Pakistan.
While Pakistani prosecutors maintain that Mr. Jadhav was a “spy” in Balochistan province, India has consistently held that he was working as a businessman in Iran, and was kidnapped by Pakistani agencies.
Posters are put up in support of Kulbhushan Jadhav at Lower Parel in Mumbai on July 17, 2019 near his residence where he spent his childhood days.
India has taken a two-pronged approach in the case: pleading that the Jadhav trial held in a military court was only quasi-judicial and hence lacked internationally recognised procedures, and that Pakistan had violated the Vienna convention on consular relations that stipulates that foreign nationals under trial be offered consular access.
Read the timeline of the event here .
India moved the ICJ in May in 2017 against the “farcical trial” by the military court against 48-year-old Jadhav, a retired Indian Navy officer.
The first day of oral arguments concluded with India accusing Pakistan of “knowingly, wilfully and brazenly” flouting the Vienna Convention on Consular Relations.
Kulbhushan Jadhav. File
Pakistan, on day two of the hearing, asked that India’s application to have the ICJ order Kulbhushan Jadhav’s release be dismissed as inadmissible.
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