In a major victory for India, the International Court of Justice on Wednesday ruled that Pakistan must review the death sentence for Indian national KulbhushanJadhav, who was put on death row by a Pakistani military court on charges of “espionage and terrorism”.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of “espionage and terrorism” after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.
A bench led by President of the Court Judge Abdulqawi Ahmed Yusuf ordered an “effective review and reconsideration of the conviction and sentence of MrKulbhushanSudhirJadhav”.
The bench also ruled that Pakistan had violated India’s rights to consular visits after his arrest.
Pakistan “deprived the Republic of India of the right to communicate with and have access to KulbhushanSudhirJadhav, to visit him in detention and to arrange for his legal representation”, the judges said.
The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on 21 February after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.
India moved the ICJ in May 8, 2017 for the “egregious violation” of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
A bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.
Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. Pakistan had rejected India’s plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its “spy”.
However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.
A four-day public hearing in the high-profile case took place in February amidst heightened tensions between India and Pakistan following attack on a CRPF convoy in south Kashmir’s Pulwama district that left 40 paramilitary men dead on February 14 this year.
During the hearing in ICJ, both India and Pakistan submitted their detailed pleas and responses.
India based its case on two broad issues — breach of Vienna Convention on consular access and the process of resolution. Harish Salve, who was representing India in the case, questioned the functioning of Pakistan’s military courts and urged the top UN court to annul Jadhav’s death sentence, which is based on an “extracted confession”. In his submission in the ICJ on the last day of the hearing, Pakistan’s counsel Khawar Qureshi said, “India’s claim for relief must be dismissed or declared inadmissible.”