NEW DELHI: Making a statement in the Rajya Sabha on Thursday on the ICJ ruling in the Kulbhushan Jadhav case, foreign minister S Jaishankar said: “In 2017, the government made a commitment on the floor of the House to undertake all steps necessary to protect the interest and welfare of Jadhav.
The government has made untiring efforts in seeking his release, including through legal means in the International Court of Justice. I am sure that the House will join me in appreciating the efforts of all those involved, especially the legal team led by Harish Salve.”
Significantly, the minister said the court in The Hague unanimously found that it had jurisdiction on the matter and by a vote of 15-1 pronounced on other key aspects of the case. The sole dissenting judge was from Pakistan. The ICJ had held that the Jadhav case was very much part of its jurisdiction and a bilateral agreement referred to by Pakistan could not replace the Vienna Convention on Consular Relations.
The court pronounced that Pakistan had breached the relevant obligations under the Vienna Convention, Jaishankar said. “It did so by not notifying India without delay of the detention of Jadhav, thereby depriving us of the right to render consular assistance. Pakistan was also found to have deprived India of the right to communicate with Jadhav, have access to him, visit him in detention and arrange his legal representation,” he said.
The court declared that Pakistan was under obligation to inform Jadhav without further delay of his rights and to provide India consular access to him. “It stated that the appropriate reparation in this case was for Pakistan to provide by means of its own choosing review and reconsideration of the conviction and sentence of Jadhav. It bears noting that the court has re-emphasised that review and reconsideration of the conviction and sentence must be effective.
A continued stay of execution in the judgment of the court constitutes an indispensable condition for the process of effective review and reconsideration,” Jaishankar said. The minister called upon the House to join him in expressing its strong solidarity with Jadhav’s family. “They have shown exemplary courage. I can assure that the government will vigorously continue its efforts to ensure Jadhav’s safety and his early return to India,” he said.
The government has made untiring efforts in seeking his release, including through legal means in the International Court of Justice. I am sure that the House will join me in appreciating the efforts of all those involved, especially the legal team led by Harish Salve.”
Significantly, the minister said the court in The Hague unanimously found that it had jurisdiction on the matter and by a vote of 15-1 pronounced on other key aspects of the case. The sole dissenting judge was from Pakistan. The ICJ had held that the Jadhav case was very much part of its jurisdiction and a bilateral agreement referred to by Pakistan could not replace the Vienna Convention on Consular Relations.
The court pronounced that Pakistan had breached the relevant obligations under the Vienna Convention, Jaishankar said. “It did so by not notifying India without delay of the detention of Jadhav, thereby depriving us of the right to render consular assistance. Pakistan was also found to have deprived India of the right to communicate with Jadhav, have access to him, visit him in detention and arrange his legal representation,” he said.
The court declared that Pakistan was under obligation to inform Jadhav without further delay of his rights and to provide India consular access to him. “It stated that the appropriate reparation in this case was for Pakistan to provide by means of its own choosing review and reconsideration of the conviction and sentence of Jadhav. It bears noting that the court has re-emphasised that review and reconsideration of the conviction and sentence must be effective.
A continued stay of execution in the judgment of the court constitutes an indispensable condition for the process of effective review and reconsideration,” Jaishankar said. The minister called upon the House to join him in expressing its strong solidarity with Jadhav’s family. “They have shown exemplary courage. I can assure that the government will vigorously continue its efforts to ensure Jadhav’s safety and his early return to India,” he said.
Download The Times of India News App for Latest India News.
more from times of india news
World Cup 2019
Trending Topics
LATEST VIDEOS
More from TOI
Navbharat Times
Featured Today in Travel
Quick Links
Rajasthan election 2019Andhra Lok Sabha electionGujarat Election 2019Karnataka Election 2019MP Lok Sabha electionMaharashtra election 2019West Bengal Lok SabhaTamil Nadu election 2019UP Election 2019Bihar election 2019UP Election DateAndhra Election DateBihar Election DateAndhra Assembly ElectionLok SabhaMP Election DateMaharashtra Election DateShiv SenaYSRCPTDPWB Election DateJDUCongressBJP newsGujarat Election DateSC ST ActUIDAIIndian ArmyISRO newsSupreme CourtRajasthan Election DateTelangana Election DateTamilrockers 2018Uttarakhand newsSikkim newsOrrisa newsKarnataka Election DateNagaland newsSatta KingManipur newsMeghalaya news
Get the app