Verdict Kulbhushan!

In a final verdict favouring India, the International Courtof Justice stayed Kulbhushan Jadhav’s execution and asked Pakistan to reviewthe case. The court in its decision favouring India 15-1, retracted Pakistan’sclaim of not providing Consular access to Mr. Jadhav.

A “principal judicial organ” of the UnitedNations(UN), the International Court of Justice (ICJ)  was founded in 1945.

   

Structure of ICJ

The court hears only those cases which the States submitthemselves or any other matter referred to it by a United Nation organ. Thereverent lordship consists of 15 judges. They are appointed by a combinedassociation of UN General Assembly and UN Security Council. In 2017 the IndianJudge, Justice Dalveer Bhandari was re-elected. His appointment was closelywatched by the international observers as it became an event of importance. Hisvictory, after United Kingdom representative withdrew his nomination,disassociated the UK for the first time from the council.

History of the Case

Pakistan alleged that Kulbhushan Jadhav, 49, was caughtspying for India’s premier intelligence agency, the Research and Analysis Wing(R&AW). In this regard, the Pakistani military court convicted Jadhav oncharges of “espionage and terrorism”. Whereas India claims Mr Jadhav tobe abducted by Pakistan from Iran. Further, on being repeatedly denied theConsular access, India moved the ICJ for the violation of the provisions underthe Vienna Convention done by Pakistan under which matter of Consular access ismentioned.

The judgement.

The current chair of ICJ, Judge Abdulqawi Ahmed Yusuf, readout the judgement. The court asked Pakistan to review Kulbhushan Jadhav’s deathsentence and meanwhile, continued the stay on Mr Jadhav’s execution. The rulingsaid ” the  Court finds thatPakistan is under an obligation to provide, by means of its own choosing,effective review and reconsideration of the conviction and sentence of MrJadhav, so as to ensure that full weight is given to the effect of theviolation of the rights set forth in Article 36 of the Vienna Convention”

Senior Advocate Harish Salve earlier represented Indian sideof the case before the ICJ . He had maintained that  Jadhav’s conviction was based on extractedconfessions and that the military court had not followed due process.

The court, further, repudiated Pakistan’s argument that theright to Consular access does not apply to persons accused of espionage. Thiswill allow Kulbhushan Jadhav to be given the same at once.

What is Consular Access?

The Vienna Convention on Consular Relations of 1963 providesa structure for consular relations between nations. A consul protects the hostcountry’s interests. It became imperative for Mr Jadhav to be given consulaccess in this case for a fair trial. As Mr Tarun Rao Kallakuru, a law scholarat IIT Kharagpur describing its vitality said ” By giving Shri. Jadhavsuch access, it will ensure that his side of the story is presented before theCourt of Law without prejudice or suppression of facts. Most significant isthat Consular access can ensure, at least to an extent, humane treatment whilebeing held in Pakistan”

Way Ahead.

Though the decision does not ensure the return of Mr Jadhavfor now, it has been a big shot in the arm for the Indian government. Encouragedby it, the Indian side will draft a way ahead for finally bringing back MrJadhav home. Meanwhile, on the other side, it will be difficult for Pakistan tonot abide by the ruling as the court’s final verdict holds an immenseinternational weight. Pakistan might even use this as an opportunity of showingmagnanimity by releasing Mr Jadav as a confidence-building measure. Time andagain Imran Khan has reiterated the idea of “New Pakistan”. Thecurrent situation acts an unprecedented opportunity to him to prove the same.

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