India To Get Consular Access To Kulbhushan Jadhav On Friday: Pakistan

General News

Pakistan has announced consular access to Jadhav on Friday, India has not yet responded on the demand

Written By Navashree Nandini | Mumbai | Updated On:

Fourteen days after the Pakistan administration was snubbed at the International Court of Justice (ICJ) in the Kulbhushan Jadhav Case with the court underlining the violation of Vienna convention by the country, Pakistan has offered consular access to Jadhav on Friday. Informing about the development, Pakistan's has said to Indian High Commission that it is ready to provide consular access of Jadhav. India had earlier made 18 requests of consular access to Jadhav. 

As per sources, Pakistan has also levelled few terms and conditions even though they fell in line with the verdict given by the International Court of Justice. One Indian diplomat can meet Jadhav at 3.00 pm Pakistan time on Friday in the presence of a Pakistani official, the sources added. India has not yet decided if it will accept the terms and conditions given by the Pakistani authority on the matter. 

MEA's statement on Pakistan's offer:

Addressing the weekly press meet, MEA spokesperson Raveesh Kumar said:

"I can only tell you we have only recieved the proposal. We are only evaluating tha proposal in the light of ICJ verdict. We will take up this issue through diplomatic channel. The answer will be given through it. Only after evaluating the proposal we will let you know if India accepts the access. We will answer on time and will not discuss on modalities."

READ: Kulbhushan Jadhav Verdict | Sushma Swaraj Welcomes ICJ's Judgment In India's Favour, Praises Harish Salve & PM Modi

Kulbhushan Jadhav case and India at ICJ

Kulbhushan Jadhav, a fourty-nine year old retired navy officer was kidnapped by pakistani authorities on March 3, 2016 from Iran. However, it was shown by Pakistan that he was an Indian spy and was captured from the Baluchistan border. Jadhav was in Iran carrying on his own business. Moreover India was not informed about his capture as enlisted in the Vienna convention. India was informed about the arrest only on March 25. He was sentenced to death alleging espionage on April 2017.

Following the order by Pakistan's military court, India approached the ICJ and appealed that arrest of Jadhav and denial of consular access to him is in violation of provisions of the Vienna Convention on Consular Relations, 1963. India said that he is not an Indian spy but a retired navy officer who was at his own business in Iran. 

During the ICJ hearing, an ad hoc Pakistani judge -  Tassaduq Hussain Jillani, a former Chief Justice of Pakistan was added to the bench since Justice Dalveer Bhandari, former Supreme Court of India judge, is already in the 10-member ICJ Bench. The case of the Jadhav from India was represented by former Solicitor General Harish Salve and External Affairs Ministry Joint Secretary (Pakistan-Afghanistan-Iran) Deepak Mittal, and Pakistan by Attorney General Anwar Mansoor Khan while Khawar Qureshi is legal counsel. Notably the only judge voting against was Pakistan's ad hoc judge Jillani. 

Kulbhushan Jadhav Case: Harish Salve Charged Re 1 To Lead India To Victory At ICJ, Even As Pakistan Spent Crores

The ICJ's Verdict on Kulbhushan Jadhav 

  • The ICJ unanimously ruled  that it has jurisdiction
  • The ICJ ruled, with 15-1 votes that India's application is applicable
  • The ICJ ruled, with 15-1 votes That Pakistan violated the Vienna Convention by not informing Jadhav of his rights
  • The ICJ ruled, with 15-1 votes That Pakistan violated the Vienna Convention by not informing India of the detention of Kulbhushan Jadhav
  • The ICJ ruled, with 15-1 votesThat Pakistan violated the Vienna Convention by depriving India the right to communicate with Jadhav
  • The ICJ ruled, with 15-1 votes That Pakistan is obligated to provide consular access to India and inform Jadhav of his rights
  • The ICJ ruled, with 15-1 votes That Pakistan must provide effective review and reconsideration of Jadhav's conviction and sentence
  • The ICJ ruled, with 15-1 votes  a stay of Jadhav's execution.

Pakistan's 'humanitarian gesture'

In what may be called a sham gesture, Pakistan allowed Kulbhushan Jadhav's family - his mother and sister - to meet him at the Pakistan Foreign Ministry in Islamabad for 45 minutes. The meeting took place in a controlled environment with a Pakistan official present and a glass screen separating Jadhav from his family. The family was subjected to humiliating treatment including the removal of their footwear and mangalsutras, and were made to wait an inordinately long time before exiting the premises in a move clearly meant at showcasing Pakistan's 'humanitarian' gesture.

READ: Kulbhushan Jadhav Verdict: ICJ reads Pakistan its own Constitution, quotes 'right to a fair trial' while ordering it to review Jadhav's conviction


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