Kulbhushan Jadhav Case – ICJ Verdict

Pakistan, the traditional foe of India faced yet another international humiliation. This time at a nominal cost of 1 Rupee. The judicial tremors originating from Kulbhushan Jadhav case at Hague shook the political superintendency in Islamabad. The verdict has foiled yet another attempt of Pakistan to sully the image of India.

Verdict

“Pakistan cannot hang Jadhav till final proceedings, says International Court of
Justice”.

kulbhushan jadhav

Allegations on Kulbhushan Jadhav

Kulbhushan Jadhav was arrested on 3 March 2016, inside Balochistan in Mashkel near the region of Chaman, having made illegal entry into Pakistan via Iran. While Iran does not testify the claim.
He was arrested during a counter-intelligence raid conducted by Pakistan security forces. According to their reports Jadhav is a serving officer in the Indian Navy and was commissioned to the RAW, and operated as RAW agent in Balochistan. They believed him to be involved in subversive activities in
Balochistan and Karachi. Allegations of espionage in Balochistan were levied on Kulbhushan Jadhav without any substantial proof.

Case

Jadhav was later shifted to Islamabad for interrogation. Meanwhile, Pakistan summoned Indian High Commissioner and released statement lodging protest on “the illegal entry into Pakistan by a RAW agent and his involvement in subversive activities in Balochistan and Karachi. India, in response said, “Kulbhushan Jadhav has no links with Government as he has retired from Navy in 2002“. In response to this, Pakistan had released a video featuring Jadhav’s confession. But, India had questioned the legitimacy of the video due to the reason that it could be a doctored video or a confession under third degree treatment. Hence the the video does not prove to be a valid proof supporting Pakistan’s claim. Pakistan had also talked of submitting a dossier in relation to its findings on Jadhav’s hand in espionage in Balochistan but no such document has been made public yet.
Instead of all these shortcomings and in absence of any solid proof, however the military court in Pakistan sentenced Jadhav to death.

Vienna Convention on Consular Relations, 1963

India and Pakistan both are signatories of the Vienna Convention on Consular Relations, 1963. According to this convention :-
(a) Consular officers can freely communicate with the Nationals of the State where
the individual has been detained.
(b) Upon request of the detainee, the detaining State must immediately inform the
consular post of the detainee’s State.
(c) Consular officer can visit the detained individual and arrange for legal
representation.
Sub-clause (b) of Article 36 (1) was however followed by Pakistan but obligations of sub-clause (c) was violated as it did not give India, consular access to Kulbhushan Jadhav. Hence, the breach of this convention gives India the right to appeal before International Court of Justice. The same was followed and Pakistan was dragged to ICJ.

Prediction

While Pakistan is firm on its decision to never extradite Kulbhushan Jadhav to India, in such a case, it has to provide a valid evidence to prove the charges levied Kulbhushan Jadhav. In absence of any such evidence, it would have no other option but to extradite Jadhav to India. Chances of Pakistan’s victory at Hague are less as India aggressively pushes for Jadhav’s extradition. Insubstantial case coupled with the tainted image of Pakistan will become the cause for its International humiliation at ICJ, Hague, yet again.

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