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Kulbhushan Jadhav Verdict | P Chidambaram Hails ICJ's 'justice' In Staying Jadhav's Execution, Highlights That 15-1 Verdict Is Actually Unanimous

Written By Navashree Nandini | Mumbai | Published:

Hack:

  • International Court of Justice (ICJ) delivered its verdict in the Kulbhushan Jadhav Case in favour of India
  • ICJ called out Pakistan for its violation of Vienna Convention
  • Former external affairs minister P Chidambaram said that the ICJ has delivered the term justice in its real sense

As the International Court of Justice (ICJ) delivered its verdict in the Kulbhushan Jadhav Case in favour of India, calling out Pakistan for its violation of Vienna Convention in not providing consular access to him and not informing him about the charges, Former Finance Minister P Chidambaram said that the ICJ has delivered the term justice in its real sense. On the extent of the vedict to be 15-1 in most of the cases, Chidambaram said that it is actually unanimous. His statement csame because the International Court allowed an ad hoc judge on the Bench — Tassaduq Hussain Jillani, a former Chief Justice of Pakistan since Justice Dalveer Bhandari, former Supreme Court of India judge, is on the 10-member ICJ Bench. 

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

What is the Kulbhushan Jadhav case?

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. 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.

What India appealed at ICJ?

  • Annul Pakistan's military court's decision of sentencing Jadhav.
  • Direct Pakistan to release Jadhav immediately and falicitate his passage to India.

If trial takes place in Pakistan: 

  • It should take place under ordinary law in civilian courts 
  • Jadhav's confession in custody must be excluded
  • Full consular access be given and provisions for India to arrange for legal representations. 

What was Pakistan's claim?

Pakistan has asked ICJ to dismiss India's claim. It rejected India’s argument that the military courts don’t have officers with judicial expertise and experience. Pakistan attorney general said that judicial review system of Pakistan was robust and Jadhav can avail it if he chooses to do it. On India's claim over consular access Pakistan stated taht they provided consular access as it was a case of espionage. However its order of executing Jadhav was stayed by ICJ.

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