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Thursday 2 April 2020

ICJ gives 3 instructions to Pakistan on Kulbhushan Jadhav

Jadhav can't heave a sigh of relief yet. The ICJ stay on his execution holds, but the demand to annul the Pakistani verdict was turned down.

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The Hague: India received a shot in the arm on Wednesday at the International Court of Justice (ICJ) in the case of retired Indian Navy officer-turned-entrepreneur Kulbhushan Jadhav.

The court told Pakistan that it ought to revise his capital punishment. In effect, legally, the stay that the ICJ had put on Jadhav’s execution still holds. Legal adviser to the world court Reema Omer said that the stay on Jadhav’s capital punishment would hold until Pakistan demonstrated comprehensively that it had revised its court verdict. She tweeted:

When put to vote, the order got an overwhelming 15-1 support of nations.

Prime Minister Narendra Modi said, “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.”

While former Minister of External Affairs Sushma Swaraj welcomed the ICJ order, her successor Rajnath Singh said he was happy about the fact that Jadhav would now get consular access.

https://twitter.com/SushmaSwaraj/status/115147888063025971

The court of the United Nations gave Pakistan another order while slamming it for the violation of an international regime.

1. Revise capital punishment, ICJ orders Pakistan

The Hague-based ICJ, situated in the Netherlands, has ordered Pakistan to revise the death sentence of Kulbhushan Jadhav. While Pakistani judiciary found him guilty of espionage and abetting terrorism and, hence, ordered his execution, India insists he is a businessman who was abducted by Pakistanis from Iran. India’s appeal to the ICJ against the verdict bore fruit today when the global court asked Pakistan to revise the judgment.

2. ICJ rules in favour of Jadhav’s consular access

The ICJ accepted India’s demand to make Pakistan grant Jadhav consular access, too. This implies that the Indian High Commission in Pakistan can now reach out to him and also offer him legal assistance.

3. Pakistan has violated Vienna Convention

The ICJ today agreed with most of the issues raised by India and slammed Pakistan on those counts. The court told Pakistan that it had not made Jadhav aware of his rights and, thus, it had violated provisions of the Vienna Convention.

Where ICJ disagreed with India

The family of Kulbhushan Jadhav cannot heave a sigh of relief as yet. Reema Omer informed, “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.”

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