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Kulbhushan Jadhav case: ICJ's verdict a vindication for those who believe in law, says Jaishankar

| @indiablooms | Jul 18, 2019, at 01:58 pm

New Delhi, July 18 (IBNS): Reacting to the International Court of Justice (ICJ)'s verdict on the Kulbhushan Jadhav case, External Affairs Minister Subrahmanyam Jaishankar on Thursday said the judgement is "not only a vindication for India but all those who believe in the rule of law".

Jaishankar said this in Rajya Sabha, the upper house of the parliament.

The minister also highlighted the government's "untiring efforts" to protect the welfare of Jadhav, who was arrested in Pakistan over the allegations of espionage. "The government had committed on the floor of the house to protect the welfare of Jadhav in 2017," he said.

Ending all speculations, the ICJ on Wednesday in a 15:1 judgement ruled in favour of India as it passed its verdict in the case related to Indian national Kulbhushan Jadhav, who was sentenced to death in Pakistan on charges of espionage. The international court thus stayed the execution of Jadhav by Pakistan. 

A Pakistan judge was the only one voting against India's case.

"And the decision in the #Jadhav Case is out! ICJ has ruled in favour of India on merits, affirming Jadhav’s right to consular access and notification," tweeted Reema Omar, International Legal Advisor, South Asia, ICJ. "The Court has directed Pakistan to provide effective review and reconsideration of his conviction and sentences," she tweeted.

The court has also said that Jadhav’s death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification, she posted.

The verdict was read out  in a public sitting of the United Nations court  in The Hague.

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

India on Wednesday welcomed the judgement delivered by the International Court of Justice (ICJ) in The Hague in favour of the country.

In a statement released by the Ministry of External Affairs (MEA), India said: "The Court, by a vote of 15-1, has upheld India's claim that Pakistan is in egregious violation of the Vienna Convention on Consular Relations, 1963 on several counts. India appreciated the direction by the International Court of Justice that Pakistan should review and reconsider the conviction and sentence given to Jadhav by the Pakistani military court."

The International Court of Justice had earlier asked Pakistan to hold 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”.

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