The ICJ stated that Pakistan must grant India consular access immediately, adding that the death sentence, awarded to Jadhav on alleged charges on espionage, should stay suspended
The International Court of Justice in Hague has ruled in favour of India in the Kulbhushan Jadhav case, stating that Pakistan has violated the Vienna Convention, CNN News 18 has reported.
The ICJ stated that Pakistan must grant India consular access immediately, adding that the death sentence, awarded to Jadhav on alleged charges on espionage, should stay suspended.
The ICJ bench has unanimously found that India's claims are admissable in the court. The bench, by 15 votes to one, found that by not granting consular access to Jadhav without delay, Pakistan has breached Article 36 paragraph (b) of the Vienna Convention on Consular Relations.
Former External Affairs Minister Sushma Swaraj welcomed the verdict in a series of tweets. "I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India."
She added, "I thank Prime Minister Shri Narendra Modi for our initiative to take Jadhav's case before International Court of Justice. I thank Mr Harish Salve for presenting India's case before ICJ very effectively and successfully. I hope the verdict will provide the much needed solace to the family members of Kulbhushan Jadhav."
ICJ Judgment
The ICJ Chief Justice Abdulqawi Yusuf dismissed Pakistan's objections that India's application should not be entertained on grounds of "abuse of process".
There was "considerable uncertainty" on when an appeal for Jadhav would be given, the court further observed.
The court stated that "India under no obligation to consider other dispute settlement mechanism prior to instituting proceedings before ICJ".
On Pakistan asserting that India refused to prove Jadhav's nationality, ICJ stated that "evidence before it shows that both parties consider Jadhav to be an Indian national". The court stated that it was "satisfied" and that there is "no room for doubt" that Jadhav is an Indian national.
On Pakistan's claims that India refused assistance into investigation, the ICJ observed that, in essence, Pakistan was arguing that India cannot ask for consular access if the latter violates other international law. This cannot be invoked as ground for inadmissibility, it said.
