GLOBAL WIN FOR INDIA: Kulbhushan Jadhav granted consular access at ICJ, PM Modi welcomes verdict | Highlights
Kulbhushan Jadhav, the 49-year old 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. 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.
In a big diplomatic victory for New Delhi, the International Court of Justice (ICJ) has, in the case relating to Kulbhushan Jadhav, ruled that Pakistan breached obligations under the Vienna Convention by not informing the 49-year old retired Indian Navy officer of his rights.
Jadhav 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.
Top judge Abdulqawi Ahmed Yusuf read out the verdict in a public sitting at the Peace Palace in The Hague.
Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran.
India, however, maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.
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READ STORY | Harish Salve, who represented India at ICJ, thanks court for favourable Jadhav verdict
Highlights of the verdict20:35 | PM Modi welcomes verdict
"We welcome today’s verdict in the @CIJ_ICJ. Truth and justice have prevailed. Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice. Our Government will always work for the safety and welfare of every Indian," Prime Minister Narendra Modi tweets.
20:25 | "India welcomes direction by ICJ that Pakistan should review and reconsider conviction and sentence given to Jadhav by Pakistani military court. We note that the Court has directed that Pakistan is under an obligation to inform Jadhav without further delay of his rights," MEA spokesperson Raveesh Kumar says.
20:00 | Jadhav’s village celebrates
Locals of a small village in Maharashtra erupted in joy as the ICJ stayed the death sentence given to Jadhav by a Pakistani military court, said a report in PTI.
19:30 | Congress welcomes ruling
19:15 | ‘Big victory for India’
The Defence Minister of India, Rajnath Singh, tells ANI that the verdict is a big victory for the country.
“International Court of Justice has directed Pakistan to grant consular access to Kulbhushan Jadhav. It is no doubt a big victory for India,” ANI quoted Rajnath Singh, as saying.
19:10 | BIG BLOWS TO PAKISTAN
-Jadhav death sentence stayed
-Jadhav granted consular access
-Vienna Convention violation admitted
-Pakistan directed to review case, conviction
19:05 | Jadhav's friends celebrate
18:55 | A nearly unanimous verdict
Of the 16 judges on the bench, 15 judges ruled against Pakistan in holding it in violation of the Vienna Convention.
The only dissenting judge was the ad hoc judge Tassaduq Hussain Jillani of Pakistan.
18:50 | The ICJ also said Pakistan breached obligations under the Vienna Convention by not informing Jadhav of his rights.
18:45 | Sushma Swaraj welcomes verdict
Sushma Swaraj, who was the foreign minister when the Kulbhushan Jadhav case came to light, has welcomed the verdict.
18:40 | The world court said that Jadhav’s death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification.
The court has, however, rejected most of the remedies sought by India, including annulment of military court decision convicting Jadhav, his release and safe passage to India.
18:35 | WORLD COURT STAYS JADHAV SENTENCE
The International Court of Justice (ICJ) has, in the case relating to Indian national Kulbhushan Jadhav, ruled in favour of India on merits, affirming the 49-year old retired Indian Navy officer's right to consular access and notification.
The court has further directed Pakistan to provide effective review and reconsideration of his conviction and sentences.
18:34 | MAJOR VICTORY FOR INDIA | CONSULAR ACCESS GIVEN TO JADHAV
18:00 | Indian legal team arrives at ICJ's headquarters in The Hague
17:20 | Possible scenarios facing India
A lot is at stake at the International Court of Justice's (ICJ) verdict in the case relating to Indian national Kulbhushan Jadhav. The top court will pronounce its decision at 6.30 pm on Wednesday.
The best case scenario is the ICJ orders release of Jadhav and provides him for a safe passage to India.
READ THE FULL STORY ABOUT THE POSSIBLE SCENARIOS FACING INDIA
17:15 | Here's how Pakistan violated Vienna convention
Not only has Pakistan, in denying India consular access to Kulbhushan Jadhav, violated the Vienna Convention on diplomatic relations, but has also ignored a 2008 bilateral agreement on consular access.
17:00 | INDIA AWAITS JUSTICE
KULBHUSHAN JADHAV CASE FILEIn May 8, 2017, India told the ICJ that Pakistan has violated the provisions of the Vienna Convention by repeatedly denying New Delhi consular access to Jadhav.
To this end, a 10-member 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.
A four-day public hearing in the high-profile case took place in February amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammed terror group that killed 40 CRPF soldiers on February 14.
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 notorious 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."
Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wanted the access to get the information gathered by its "spy". It, however, facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.
POSSIBLE SCENARIOS FACING INDIA | (Read the full story)The best case scenario is the ICJ orders release of Jadhav and provides him for a safe passage to India.
The worst case scenario, certainly, is the ICJ deciding in Pakistan's favour. This would mean Jadhav's execution and India would not be able to do anything about it.
There are, however, two possible scenarios where Jadhav would again be given a trial. Either India could be given consular access to Jadhav or another trial would be held in a civil court.
India though seems confident of a favourable verdict and justice being served to Jadhav -- the verdict comes on International Justice Day.