Kulbhushan Jadhav Case Verdict – Free PDF Download

KULBHUSHAN JADHAV

An Indian national

• On 10 April 2017, Indian foreign ministry said he had been “kidnapped last year from Iran and his subsequent presence in Pakistan has never been explained credibly”.

WHAT FOLLOWED

• The Indian Ministry of External Affairs stated that Jadhav was an Indian Navy officer but had retired prematurely and he had no current link with the government since his retirement.
• The Indian High Commission also sought consular access to Jadhav but Pakistan did not agree to it.
•  Pakistan’s diplomat to India said that consular access wasn’t automatic during cases related to security, explaining Jadhav had been travelling “under a fake name with an original Indian passport” since 2003.

 ONLY SOME MEDIA OUTLETS IN INDIA CALLED KULBHUSHAN A SPY

WHY DID INDIA APPROACH ICJ?

•  India first approached the ICJ on May 8, 2017 for the “egregious violation” of the provisions of the Vienna Convention on Consular Relations, 1963 by Pakistan by repeatedly denying it consular access to Jadhav.

 THE PROVISIONAL MEASURES THAT INDIA HAS REQUESTED ARE:

1. that Pakistan take all measures necessary to ensure that Kulbhushan Sudhir Jadhav is not executed
2. that the Government of Pakistan report to the Court the action it has taken in pursuance of above measure.
3. that Pakistan ensure that no action is taken that might prejudice the rights of India or Kulbhushan with respect of any decision the Court may render on the merits of the case.

 HARISH SALVE

• In May 2017, he represented India before the International Court of Justice in the Kulbhushan Jadhav case. Jadhav was sentenced to death by a Pakistani military court on charges of spying.
• Due to his efforts, the International Court of Justice has ordered a provisional stay on Jadhav’s execution until a final verdict is declared. For this case he charged only Rs. 1(INR) in legal fees. HARISH SALVE Harish Salve argued the first Anti-Dumping case in the Supreme Court of India. He frequently represents large corporations like Mukesh Ambani’s Reliance Industries Limited. He has appeared in the Krishna Godavari Basin gas dispute case against the latter’s brother, Anil Ambani’s Reliance Natural Resources Limited.

 INDIA’S VICTORY AT ICJ

•  The International Court of Justice has ordered Pakistan to review Kulbhushan Jadav’s death sentence, ruling Islamabad had violated New Delhi’s rights to consular visits after his arrest. The Hague-based ICJ has ordered the “effective review and reconsideration of the conviction and sentence.” ICJ President Abdulqawi Ahmed Yusuf delivered the judgment.
•  Fifteen other judges have concurred with the final verdict. The Pakistani judge has dissented.

WHAT HAPPENS NOW?

 Pakistan can reject the ICJ verdict

Latest Burning Issues | Free PDF

Sharing is caring!