The ICJ ruled in favour of India on merits, saying Pakistan breached obligations under the Vienna Convention by not informing Jadhav of his rights.
The International Court of Justice (ICJ) on Wednesday, bit-by-bit and sentence-by-sentence, called out the lies told by Pakistan as far as the case relating to Indian national Kulbhushan Jadhav is concerned.
In a 15:1 verdict, the ICJ flattened Pakistan's pride, affirming the 49-year old retired Indian Navy officer's right to consular access and notification.
The court further directed Pakistan to provide effective review and reconsideration of his conviction and sentences.
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.
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.
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.
The world court, on Wednesday, 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, however, rejected most of the remedies sought by India, including annulment of military court decision convicting Jadhav, his release and safe passage to India.
WHAT THIS IMPLIES FOR PAKISTAN
Let's just say Pakistan is in deep trouble.
The United Nations had recently announced Hafiz Saeed as a global terrorist, to which end Pakistan arrested him only today -- July 17 -- months after.
United States President Donald Trump reacted to the development, saying this happened because of the pressure built up over two years.
And the ICJ verdict on Jadhav came as a double whammy!
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, quite understandably, was the ad hoc judge Tassaduq Hussain Jillani of Pakistan.
The verdict, by every means, served four big blows to Pakistan:
-Jadhav death sentence stayed
-Jadhav granted consular access
-Vienna Convention violation admitted
-Pakistan directed to review case, conviction
Not only does this serve as a big embarassment to the nation, already reeling under financial debts and humiliation at the hands of Jaish-e-Mohammed chief Hafiz Saeed's proven existence at its soil, but also bolsters its image as an "irresponsible nation".
WHAT THIS MEANS FOR INDIA AND JADHAV
India had 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".
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.
To this end, the ICJ ruled in favour of India on merits, saying Pakistan breached obligations under the Vienna Convention by not informing Jadhav of his rights.
The ICJ verdict read: "A continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Kulbhushan Sudhir Jadhav. The court finds that Pakistan deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation,and thereby breached obligations incumbent upon it under Vienna Convention on Consular Relations."
The nearly unanimous verdict means India can provide legal aid to Jadhav.
The ruling binds Pakistan to let Jadhav know of his rights and meet the Indian dignitaries to discuss his case.
This also implies that Jadhav won't have to resort to "fake" his statement on camera -- ever again.
THE TWIST THERE IS
Even as the world has lost track of the humiliations the 'Naya Pakistan' has to face day-in-and-day-out, the lawyers of the country seem mighty pleased with the ICJ ruling. And with Trump's apparent dig too.
A Pakistan lawyer, Muneeb Qadir, in conversation with a news channel said, and interpreted, Trump's tweet in a positive connotation. He said Trump posted the tweet, praising Pakistan for its effort.
Even the Pakistani media reported the verdict as a vindication to their motives.
"The International Court of Justice (ICJ) on Wednesday rejected India’s plea for the acquittal of Kulbhushan Jadhav, an Indian spy who was sentenced to death by a Pakistani military court after his capture and trial, ruling that Jadhav be allowed consular access immediately and asking Pakistan to ensure 'effective review and reconsideration of his conviction and sentences'," said one of the Pakistani news portals.
So, is it all the fault of Wren and Martin (read: wrong understanding of English) or there's something more to the rigmarole?
And even as India revels in the verdict aftermath, the point remains -- will Pakistan give a fair trial to Jadhav at last?
Point in reference -- Jadhav is in Pakistan, and at the mercy of the military court. Will he be told what he is liable to???
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