In a major late night
development, the International Court of Justice on Tuesday, in an interim
order, placed a stay on the hanging of Kulbhushan Jadhav, the former Indian
Navy officer sentenced to death by a Pakistani military court on charges of
espionage.
Jadhav's sentencing has
kicked off a diplomatic row between India and Pakistan, with New Delhi slamming
Islamabad for carrying out a "farcical" trial and for refusing to
allow consular access to Jadhav.
The International Court of
Justice, also known as the World Court or The Hague, is the main judicial organ
of the United Nations and operates out of the Netherlands in Europe.
In a statement (read full ICJstatement) issued on India starting proceedings against Pakistan, the ICJ
said, "Republic of India instituted proceedings against the Islamic
Republic of Pakistan, accusing the latter of 'egregious violations of the
Vienna Convention on Consular Relations' in the matter of the detention and trial
of an Indian national, Mr. Kulbhushan Sudhir Jadhav, sentenced to death by a
military court in Pakistan."
HARISH SALVE REPRESENTING
INDIA
External Affairs Minister
Sushma Swaraj tweeted about the ICJ's decision last Tuesday night, saying that
she spoke to Jadhav's mother and informed her about the ICJ's decision. Senior
lawyer Harish Salve is representing India at the ICJ, Swaraj added in another
tweet.
"I have spoken to the
mother of #KulbhushanJadhav and told her about the order of President, ICJ
under Art 74 Paragraph 4 of Rules of Court", Swaraj said, adding,
"Mr.Harish Salve, Senior Advocate is representing India before
International Court of Justice in the #KulbhushanJadhav case."
Responding on India's
petition, the ICJ has forbidden Pakistan from hanging Kulbhushan Jadhav until
The Hague conducts a detailed hearing on the matter.
WHAT THE ICJ SAID
In a statement (full
statement) issued regarding India's claim against Pakistan, the ICJ said,
"The Applicant (India) contends that it was not informed of Mr. Jadhav's
detention until long after his arrest and that Pakistan failed to inform the
accused of his rights. It further alleges that, in violation of the Vienna
Convention, the authorities of Pakistan are denying India its right of consular
access to Mr. Jadhav, despite its repeated requests. The Applicant also points
out that it learned about the death sentence against Mr. Jadhav from a press
release."
"India submits that it
has information that Mr. Jadhav was "kidnapped from Iran, where he was
carrying on business after retiring from the Indian Navy, and was then shown to
have been arrested in Baluchistan" on 3 March 2016, and that the Indian
authorities were notified of that arrest on 25 March 2016. It claims to have
sought consular access to Mr. Jadhav on 25 March 2016 and repeatedly
thereafter," the statement added.
"According to the
Applicant, on 23 January 2017, Pakistan requested assistance in the
investigation of Mr. Jadhav's alleged 'involvement in espionage and terrorist
activities in Pakistan' and, by a Note Verbale of 21 March 2017, informed India
that 'consular access [to Mr. Jadhav would] be considered in the light of the
Indian side's response to Pakistan's request for assistance in [the]
investigation process'. India claims that 'linking assistance to the
investigation process to the grant[ing] of consular access was by itself a
serious violation of the Vienna Convention'," the statement also said.
INDIA SEEKS RELIEF
According to the ICJ
statement, India has sought the following:
Relief by way of immediate
suspension of the sentence of death awarded to the accused.
Relief by way of restitution
in interregnum by declaring that the sentence of the military court arrived at,
in brazen defiance of the Vienna Convention rights under Article 36, particularly
Article 36[,] paragraph 1 (b), and in defiance of elementary human rights of an
accused which are also to be given effect as mandated under Article 14 of the
1966 International Covenant on Civil and Political Rights, is violative of
international law and the provisions of the Vienna Convention.
Restraining Pakistan from
giving effect to the sentence awarded by the military court, and directing it
to take steps to annul the decision of the military court as may be available
to it under the law in Pakistan.
If Pakistan is unable to
annul the decision, then this Court to declare the decision illegal being
violative of international law and treaty rights and restrain Pakistan from
acting in violation of the Vienna Convention and international law by giving
effect to the sentence or the conviction in any manner, and directing it to
release the convicted Indian National forthwith."
India has also requested the
ICJ to direct Pakistan to:
Take all measures necessary
to ensure that Mr. Kulbhushan Sudhir Jadhav is not executed.
Report to the Court the
action it has taken in pursuance of the required statutes.
To ensure that no action is
taken that might prejudice the rights of the Republic of India or Mr.
Kulbhushan Sudhir Jadhav with respect of any decision the Court may render on
the merits of the case".
THE KULBHUSHAN JADHAV DEATH
SENTENCE
On April 10, the Pakistan
Army chief confirmed Kulbhushan Jadhav's death sentence, which was handed down
by a Pakistani military court that held Jadhav guilty of espionage.
Pakistan claims Jadhav, who
allegedly used the alias Hussein Mubarak Patel in Pakistan, was attached to the
Research and Analysis Wing (RAW).
The Indian government has
maintained that Kulbhushan Jadhav is a formal Indian Naval officer turned
businessman who was on a routine business trip to Iran when he was abducted by
Pakistani intelligence.
Reports say he was captured
by the Taliban and later sold to the Pakistan Army.
India has also said that
Jadhav is innocent and there is no evidence against him and that Pakistsan
carried out a sham, secret trial in a military court where no information on
charges and evidence was given.
India has warned Pakistan of
'dire consequences' equalling Jadhav's death sentence with pre-meditated murder
and has time and again asked for the consular access to him.
©SantoshChaubey