Pakistan to grant consular access to Kulbhushan Jadhav today

Pakistan Foreign Office spokesperson Mohammad Faisal confirmed the issue by tweeting on Sunday.

Mohammad Faisal tweeted: "Consular access for Indian spy Commander Kulbhushan Jadhav, a serving Indian naval officer and RAW operative, is being provided on Monday 2 September 2019, in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan."

"Commander Jadhav remains in Pakistan’s custody, for espionage, terrorism and sabotage," he said.

The International Court of Justice (ICJ) in The Hague this year stayed the execution of Jadhav by Pakistan.

A Pakistani military court in April 2017 sentenced Jadhav to death on charges of espionage and terrorism.

The International Court of Justice had earlier asked Pakistan to put off the execution till it reaches its final verdict in the case.

Even as Jadhav, 48, was sentenced to death by a Pakistani military court in April 2017,  following the Indian government's move to the international court, the 10-member bench of the ICJ on May 18, 2017 had given a stay order and 'restrained' Pakistan from executing Jadhav till adjudication of the case.

In its written pleadings, India had accused Pakistan of violating the Vienna Convention by not giving consular access to Jadhav, arguing that the convention did not say that such access would not be available to an individual arrested on espionage charges.

India had said the so called trial of Jadhav by a military court in Pakistan was "farcical".

Later in December 2017, Kulbhushan Jadhav was allowed to meet his wife and mother but the MEA in Delhi had said it appeared Jadhav was “under considerable stress” and “speaking in an atmosphere of coercion”.

“The manner in which the meeting was conducted and its aftermath was clearly an attempt to bolster a false and unsubstantiated narrative of Jadhav’s alleged activities,” the ministry had said in a statement.

“The Pakistani side conducted the meeting in a manner that violated the letter and spirit of our understandings," it had said.  

Timelines in ICJ case:

  8 May 2017                           i.      India instituted proceedings in the International Court of Justice against Pakistan for egregious violation of the Vienna Convention on Consular Relations, 1963;

                                                ii.         India asked ICJ to issue 'Provisional Measures';

                                                iii.        India asked Court to issue immediate instructions to Pakistan to not take any action on the sentence awarded to Jadhav till India's request for
Provisional Measures was considered.

9 May 2017                                Court sent an urgent communication to the PM of Pakistan, and called upon Pakistan, to act in such a way, pending Court's decision on India's Request for Provisional Measures (stay order) as will enable any Order the Court may make on this Request to have its appropriate effects.

15 May 2017                              ICJ heard India's request for Provisional Measures

18 May 2017                              ICJ unanimously issued a binding order indicating Provisional Measures asked by India to take all measures to prevent execution of Jadhav pending final judgment of the Court.

13 Sept 2017                             India filed its Memorial (first round of written pleadings)

13 Dec 2017                              Pakistan filed its Counter Memorial (first written pleadings)

19 Dec 2017                              India sought 3 months to file Reply (2nd pleadings)

5 Jan 2018                                  Pakistan opposed India's request

17 Jan 2018                               Court accepted India's request and gives time of 3 months each to India and Pakistan to file 2nd round of written pleadings

17 April 2018                              India filed its Reply in the Court (2nd round of written pleadings)

17 July 2018                              Pakistan filed its Rejoinder (2nd round of written pleadings)

18-21 Feb 2019                        Final Oral Hearings in the ICJ

17 July 2019                       Judgment by the ICJ goes in favour of India