- ICJ decided in favor of India on Kulbhushan Jadhav on Wednesday with a majority of 15-1
- Court said: Jadhav's death sentence will remain suspended, Pak must reconsider
- International Court said that Pak denied India with the right to contact Jadhav and violated the Vienna Treaty.
- The court of Pakistani army had sentenced Jadhav to death in April 2017, describing him as a spy
Jul 18, 2019, 12:29 PM IST
new Delhi. In the matter of the death sentence awarded to Indian civilian Kulbhushan Jadhav by Pakistan's military court, the International Court (ICJ) ruled in favor of India on Wednesday. The 16 judges of the court had suspended the sentence of Kulbhushan for the majority of 15-1. On Thursday, Foreign Minister S. Jaishankar gave a statement in Parliament. He said in the Rajya Sabha that we once again appeal to Pakistan to release Kulbhushan. Earlier, the court's president Justice Abdulkawi Ahmed Yusuf had said that as long as Pakistan does not effectively review the decision and reconsider it, the hanging will continue.
Rajya Sabha Speaker Venkaiah Naidu said, "I am happy that the entire House is united with the decision of the ICJ. Hopefully, till the release of Kulbhushan Jadhav, we will continue our efforts. "Jaishankar said that the government was standing with Jadhav's family. It was agreed in appeal to the ICJ against Kulbhushan's sentence in this house. Now the court has instructed Pakistan to immediately provide Councilor access to Koolbhushan.
Pak violates the Vienna Treaty – ICJ
1. Judge Abdulkawi Ahmed Yusuf, court president of Somalia, read the verdict. In a 42-page verdict, he said that by the time Pakistan has effectively reviewed and re-reviewed its decision, Pakistan will be barred from the execution of Kulbhushan.
2. ICJ said – Pakistan has sidelined the right of India's dialogue and the access to consular access with Kulbhushan. Pakistan did not give India the chance to provide a legal representative for Kul Bhushan. Pak violated the Conventional Relations rules under the Vienna Treaty.
3. The judges said – Pakistan has denied India the right to negotiate and meet with Kulbhushan Jadhav. India has appealed for concurrent access many times, which Pakistan has turned down. It is an undeniable fact that Pakistan did not accept India's appeal.
4. "Pakistan was obliged to inform India about the arrest and imprisonment of Kulbhushan under the Vienna Treaty. Pakistan has delayed the release of Jadhav's information in three weeks, it is also a violation of the terms of the Vienna Treaty. Pakistan did not make it clear that due to any disturbance of India, he himself stopped himself from fulfilling the conditions of the treaty.
5. International legal adviser Rima Omer said: The court also said that Pakistan would reconsider its decision in relation to Article 36 (1) i.e. violation of the grant of concurrent access.
Second chance in 20 years when Pakistan beat India by the International Court
On August 10, 1999, the Air Force had killed the Pakistan Navy's Aircraft Atlantic in Kutch, Gujarat. All the 16 soldiers who died in this were killed. Pakistan claimed that the aircraft was dropped into its airspace. He sought 6 million dollars for compensation from India in this case. The bench of 16 judges of ICJ had dismissed Pakistan's claim on June 21, 2000 from 14-2. This is the second time after Pakistan has lost in international court and the court has asked him to reconsider Jadhav's death sentence.
Pakistan's claim proved wrong in front of court – Salve
Harish Salve, who holds India's favor in ICJ, said: "The way ICJ intervened in this matter, I express my gratitude to him on behalf of my country." He saved Kulbhushan Jadhav. Pakistan was constantly claiming that the nationality of Jadhav was not in front of the court. His claim also proved wrong in front of the court.
India challenges India's trial against Jadhav
India raised this issue in front of ICJ in May 2017. Jadhav accused Pakistan of not providing counselor on Pakistan. India also challenged the Pakistani Army's trial against Jadhav (48). The ICJ has banned any kind of action on May 18, 2017, till a decision has been taken against Jadhav on Pakistan.
In February, the International Court had heard four days in this case. During this time, Indo-Pakistan gave their own arguments. India made the basis of its case two big things. These include the process of counseling access and resolution of matters under the Vienna Treaty.
Pak said – Jadhav is not a businessman, but spy
India said – Jadhav's death sentence should be canceled. Order them to be released immediately. The judgment pronounced by the Pakistani army is absolutely ridiculous. Pak had said that Indian Navy officer Jadhav is not a businessman but a detective. Pak claimed that our army had arrested Jadhav on March 3, 2016 from Balochistan. He had entered Iran from Pakistan.
India said – Jadhav was kidnapped from Iran
According to India, Jadhav was kidnapped from Iran. Jadhav was trying to do business after retiring from the Navy there. Pakistan rejected India's petition before the ICJ. In this, India had sought counselor access for Jadhav.
Pak issued videos of Jadhav's alleged confession
Pakistan issued two videos of Jadhav's alleged confession. The cut was seen in these videos. There was no question-answer in it. The only statement was