All the struggle and efforts paid off well; India slates a winning streak in Kulbhushan Jadhav case
New Delhi, July 17: So far so good..! The International Court of Justice in its verdict on Wednesday on Kulbhushan Jadhav slammed Pakistan harshly for breaching obligation incumbent upon it, by not informing Jadhav of his rights under Article 36 of Vienna Convention. It also condemned Pakistan for depriving India the right to communicate and have access to Jadhav.
Kulbhushan Jadhav’s verdict slated a winning streak for India against Pakistan. Struggling hard, India vowed to create an opening space by exhibiting its strong side to bring out Jadhav from the evil clutches of Pakistan. Welcoming the ICJ verdict, former External Affairs Minister Sushma Swaraj tweeted saying, “I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India.”
He further added that she thanked Narendra Modi for our initiative to take Jadhav's case before International Court of Justice. She thanked Harish Salve for presenting India's case before ICJ very effectively and successfully. Exhibiting her strong side, India rigorously fought for justice to bring out Kulbhushan Jadhav from the clutches of Pakistan. On March 3, 2016, Kulbhushan Jadhav, a former naval officer, was arrested by Pakistan agencies on charges of spying. Pakistan claimed the arrest took place in Balochistan, but India insisted he was illegally detained while in Iran on business.
India was notified formally on the arrest on March 25. Acting in accordance with international diplomatic norms, India sought consular access but was denied. The Indian government would go on to make 16 such requests over the next year. After a trial conducted in military court (Pakistan also claimed he was an active Indian Navy officer with the rank of Commander), Kulbhushan Jadhav was found guilty of espionage and sabotage and sentenced to death on April 10, 2017. India approached the International Court of Justice (ICJ), accusing Pakistan of "egregious violations of the Vienna Convention on Consular Relations".
The ICJ held a four-day hearing in February 2019, which coincided with heightened tensions between India and Pakistan over the death of 40 soldiers in the Pulwama terror attack.
Based on two broad issues, India stated that Pakistan had deliberately breached the ‘breach of Vienna Convention on consular access and the process of resolution.’ India argued that Pakistan is an irresponsible state which has violated international treaties and obligations to which it is a signatory:- (i). The Vienna Convention on Consular Relations (ii). The International Covenant on Civil and Political Rights.
To resolve the international disputes, a team of 10 member bench was set up for the ICJ after World War II. It was on May 8, 2017, ICJ restrained Pakistan from executing Jadhav till adjudication of the case.