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MASSIVE: ICJ Sides With Kulbhushan Jadhav, Stays Pakistan's Kangaroo Military Court's Death Sentence And Orders Review & Reconsideration

Written By Aishwaria Sonavane | Mumbai | Published:

Hack:

  • According to ICJ's order Pakistan is obligated to provide consular access to India and inform Jadhav of his rights
  • It declares a stay of Jadhav's execution

In a victory for India, the International Court of Justice (ICJ) has suspended the death sentence of Kulbhushan Jadhav, further affirming his right to consular access.

Calling for a review and reconsideration of his conviction, fifteen out of sixteen judges voted in favour of India.  

The verdict says, "The Court recalls that it indicated a provisional measure directing Pakistan to take all measures at its disposal to ensure that Jadhav is not executed pending the final decision in the present proceedings."

READ| Kulbhushan Jadhav Case: Here Are India's Arguments Against Pakistan's Sham, Ahead Of ICJ's Big Verdict

"The Court considers that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Jadhav," it added.

India, by approaching the ICJ, had stopped Pakistan executing Jadhav. This had led to Pakistan arguing that the International Court of Justice had no jurisdiction, which was overruled by the ICJ. 

India had argued against the use of Pakistan's military courts to try a civilian like Jadhav violated the process. It further states that Military Courts were set up after 2015 to engage in summary trials. India has further argued that Jadhav's 'confessions' were taken in captivity, without adequate legal representation.

Here are 8 out of 8 counts on which the ICJ sided with India:

1. Unanimously siding with India - that ICJ has jurisdiction in the matter.

2. 15 judges to 1 (the opposing judge being an ad-hoc appointee from Pakistan to balance the scales given that there's an Indian judge on the ICJ bench) - That India's application to take the case to the ICJ is admissable

3. 15-1 - That Pakistan violated the Vienna Convention by not informing Kulbhushan Jadhav of his rights

4. 15-1 - That Pakistan violated the Vienna Convention by not informing India of the detention of Kulbhushan Jadhav immediately

5. 15-1 - That Pakistan violated the Vienna Convention by depriving India the right to communicate with Jadhav

6. 15-1 - That Pakistan is obligated to provide consular access to India and inform Jadhav of his rights

7. 15-1 - That Pakistan must provide effective review and reconsideration of Jadhav's conviction and sentence

8. 15-1 - Declares a stay of Jadhav's execution

READ| Big Win For India At ICJ: Kulbhushan Jadhav's Death Sentence To Remain Suspended Till Pakistan Reviews & Reconsiders Conviction; India To Get Consular Access

TIMELINE OF THE CASE:

March 3, 2016: Kulbhushan Jadhav is arrested.

March 24, 2016: Pakistan claims Jadhav is an Indian spy, India rejects the claim and over the following week, demands consular access, which it did again on several occasions subsequently.

April 10, 2017: A Pakistani Army court sentences Jadhav to death for "for his involvement in espionage and sabotage activities against Pakistan". India warns Islamabad that it is a case of "premeditated murder". The next day, External Affairs Minister Sushma Swaraj made statements in both the Houses of Parliament, asserting that India will go "out of way" to ensure justice to Jadhav who is an "innocent kidnapped Indian". India then demanded from Pakistan a certified copy of the chargesheet as well as the judgement in the death sentence of Jadhav and seeks consular access to him.

May 8, 2017: India instituted proceedings in the ICJ against Pakistan's violation of the Vienna Convention on Consular Relations, 1963. It asked ICJ to issue provisional measures and issuing immediate instructions to Pakistan to not take any action on the sentence awarded to Jadhav till India's request for Provisional Measures was considered.

May 9, 2017: ICJ called upon Pakistan to act in a way over the pending decision on India's request for Provisional Measures

May 15, 2017: ICJ heard India's request for Provisional Measures

May 18, 2017: ICJ unanimously issued abiding order indicating Provisional Measures requested by India seeking measures to prevent the execution of Jadhav until the final judgment of the Court.

September 13, 2017: India filed its first-round written pleadings 

December 13, 2017: Pakistan filed its Counter pleadings

December 19, 2017: India sought 3 months to file second reply

January 5, 2018: Pakistan opposed India's request

January 17, 2018: Court accepted India's request and grants three months time each to India and Pakistan to file second round of reply

April 17, 2018: India filed its second reply in the ICJ

July 17, 2018: Pakistan filed its second round of reply

February 18-21, 2019: Final Oral hearings in the case in ICJ

July 17, 2019: Judgement in the case in ICJ

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