NEW DELHI: ICJ has directed Pakistan to review the death sentence order, to reconsider it and give Kulbhushan Yadav a fair trial by providing him consular access. The ICJ ruled in favour of India by 15 to 1 votes.
The World Court stated that Jadhav’s death sentence should remain suspended till Pakistan reviews and reconsiders the conviction. The court also directed Pakistan to provide Kulbhushan Jadhav with consular access in line with international diplomatic norms.
The court also recognised Pakistan’s breach of the Vienna Convention. The session today was held under the presidency of Judge Abdulqawi Ahmed Yusuf.The ICJ at The Hague delivered its final verdict in the Kulbhushan Jadhav case.
The top international court said Pakistan must grant consular access to Kulbhushan Jhadav and abide by the Vienna Convention. The court said Pakistan should provide a “review and reconsideration of the conviction and sentence”.
Jadhav, 49, a retired Navy officer, was arrested allegedly on March 3, 2016, and India was informed on March 25. He was sentenced to death on charges of espionage and terrorism in April 2017.
Pakistan claims Kulbhushan Jadhav was arrested near the Pakistan-Afghanistan border of Chaman in Balochistan over illegal entry into the country.
Addressing the media, lawyer in the Jadhav case Harish Salve that ICJ directed that a fair trail will be conducted in accordance with the Pakistan Constitution.
India demanded consular access to Kulbhushan Jadhav after he was awarded a death sentence by a military court in Pakistan. India argued that Pakistan violated the Vienna Convention and Kulbhushan Jadhav did not have adequate representation during the trial.
India also rejected Pakistan’s claim that Kulbhushan Jadhav had confessed to being a spy. India summarily rejected the “extracted confession” based on which he was sentenced to death.
The Ministry of External Affairs validates and welcomes the ICJ judgment directing Pakistan to implement the consular access to Kulbhushan Jadhav “immediately”.