India gained a major diplomatic victory against Pakistan in the Kulbhushan Jadhav case as the International Court of Justice (ICJ) on Wednesday stayed Kulbhushan Jadhav's death penalty and granted India consular access to him by a vote of 15:1 in favour of India. As seen in the verdict, the one dissenting judge is Pakistan ad hoc judge Tassaduq Hussain Jillani.
Based on Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations, the ICJ dismissed Pakistan's argument that the Court did not have jurisdiction in the Kulbhushan Jadhav case.
ICJ rejected the objections raised by Pakistan on the admissibility of the Application of India, stating that India approaching the court in the case was admissible.
By not informing Mr. Kulbhushan Sudhir Jadhav, of his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations, the ICJ stated that Pakistan had breached the provisions under the treaty.
As Pakistan did not inform the appropriate consular post of India without delay of the detention of Mr. Kulbhushan Sudhir Jadhav, it deprived India of the right to render the assistance provided for by the Vienna Convention to the individual concerned, thereby breaching Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations.
Pakistan has deprived 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, and thereby breached the Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.
ICJ directed Pakistan to inform Mr. Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations
ICJ said that Pakistan by the means of its own choosing must provide effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Convention.
As execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav, ICJ stayed his execution.
Jadhav, 49, a retired navy officer was kidnapped by Pakistani authorities on March 3, 2016 from Iran, where he was carrying on his own business and was then shown to have been arrested in Baluchistan. India was informed about the arrest 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.
Since Justice Dalveer Bhandari, former Supreme Court of India judge, is on the 10-member ICJ Bench, Pakistan was allowed an ad hoc judge on the Bench — Tassaduq Hussain Jillani, a former Chief Justice of Pakistan. India is 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.