Hague, July 17: The International Court of Justice (ICJ) on Wednesday ruled in India's favour in the Kulbhushan Jadhav case and affirmed that the right to consular access should be granted to the former Indian Navy officer who was arrested by Pakistan in 2019.
On the death sentence awarded to the ex-navy officer in 2017 by a Pakistani military court, the ICJ today said Jadhav's death sentence should remain suspended until Islamabad effectively reviews and reconsiders the decision.
The verdict in the Kulbushan Jadhav case is set to be announced by the International Court of Justice (ICJ) today, merely five months after India urged the International Court to annul the death sentence handed by a Pakistani military court to former Navy officer.
Kulbhushan Jadhav
Judge Abdulqawi Ahmed Yusuf, President of the Court, read out the verdict of the top international court at 6.30 pm IST in a public sitting at the Peace Palace in The Hague.
The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.
Stay tuned for Live updates on ICJ verdict in the Kulbushan Jadhav case:
Jul 17, 2019, 11:28 PM IST
"I appreciate the government for its relentless efforts to secure justice for Kulbhushan Jadhav and hope that this verdict would serve as a source of solace to the family members," his secretariat tweeted.
Jul 17, 2019, 11:28 PM IST
ice President M Venkaiah Naidu Wednesday welcomed the verdict of the International Court of Justice on Kulbhushan Jadhav, saying justice will finally prevail.
Jul 17, 2019, 9:43 PM IST
We expect Pakistan to do whatever it has to do including appropriate legislative measures to guarantee a fair trial. So Pakistan's conduct is under watch and if what they do is another farcical attempt, we will be back in the Court, he adds.
Jul 17, 2019, 9:43 PM IST
Pakistan had based allegations of what we lawyers call 'abuse of process' & said that is another ground why India shouldn't be allowed the relief it seeks. That has been rejected. ICJ held that Pakistan is guilty of internationally wrongful acts, Salve at Press conference.
Jul 17, 2019, 9:42 PM IST
I have a degree of personal satisfaction that a lot of adjectives were used by Pakistan, even in replying at court I characterise them as unfortunate. I said it's my upbringing & India's tradition which stood in my way of replying to them in that language.
Jul 17, 2019, 9:42 PM IST
They (ICJ) said,a fair trial in accordance with the Pakistan constitution. If it's back in military court with the same rule where outside lawyers aren't allowed, we aren't allowed. Access isn't given, evidence isn't given. It won't meet standards.
Jul 17, 2019, 9:42 PM IST
Pakistan repeatedly played slides of what it claimed was passport it had recovered from Jadhav. Not only did the Court get drawn into it, this displaying passport led to the court rejecting Pakistan's argument that Jadhav's nationality was uncertain, he adds.
Jul 17, 2019, 9:41 PM IST
Want to start by expressing gratitude of my country to the ICJ for the manner in which it intervened in this case. It protected Kulbhushan Jadhav from being executed, in a hearing which was put together in a matter of days, says Salve
Jul 17, 2019, 9:41 PM IST
Harish Salve Briefs Media
Jul 17, 2019, 9:40 PM IST
Justice has prevailed says Priyanka Gadhi Vadra
Heartened by the #KulbhushanVerdict. At last justice has prevailed. All of India joins his family in their joy!
— Priyanka Gandhi Vadra (@priyankagandhi) July 17, 2019
Jul 17, 2019, 8:59 PM IST
Prime Minister Narendra Modi welcomed ICJ's verdict in Kulbhushan Jadhav case.
We welcome today’s verdict in the @CIJ_ICJ. Truth and justice have prevailed. Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice.
Our Government will always work for the safety and welfare of every Indian.
The locals of a small village in Maharashtra erupted in joy as the International Court of Justice (ICJ) stayed the death sentence given to Kulbhushan Jadhav by a Pakistani military court, said a report in PTI.
The people in Kulbhushan Jadhav’s Javli village in Satara district of Maharashtra demanded his immediate release by Pakistan, report further said.
Jul 17, 2019, 7:54 PM IST
BJP delegation met Speaker Ramesh Kumar requesting him not to postpone the date of floor test. The Congress – JD(S) Coalition reportedly wants floor test after 5 days.
Jul 17, 2019, 7:50 PM IST
Congress welcomes the verdict by the International Court of Justice in Kulbhushan Jadhav’s case.
We welcome the ruling by the International Court of Justice in the #KulbhushanJhadhav case. This is a big win for India & we will continue to pray for his early return.
Senior Congress leader P Chidambaram welcomed the International Court of Justice verdict in the Kulbhushan Jadhav case, saying justice has been delivered in the true sense of that word.
AIMIM chief Asaduddin Owaisi hails ICJ verdict that asked Pakistan to give consular access to Jadhav and to review the death sentence pronounced by a military court.
India had a very strong case before ICJ. @aimim_national welcomes the ICJ judgment recognising Kulbhushan’s right to consular access & a fair trial
Would be amiss to not thank all the lawyers including the very able Mr.Salve who worked pro-bono for India pic.twitter.com/QKMIebyyrY
I warmly welcome the ICJ judgment staying the execution of Kulbhushan Jadhav & granting consular access to India. Truth and justice prevails. This son of our soil must be back soon with his family.
Union minister Nitin Gadkari terms ICJ verdict a diplomatic win.
They brought this matter to the International Court and proved that he is innocent. We wish the son of Ma Bharti returns at the earliest.#KulbhushanJadhav
Defence Minister Rajnath Singh welcomes ICJ verdict: It is no doubt a big victory for India.
Jul 17, 2019, 7:23 PM IST
The ICJ said that “a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav.”
Jul 17, 2019, 7:08 PM IST
The ICJ however has rejected some of the remedies sought by India, which included annulment of the military court decision convicting Jadhav. India had also sought for his release and a safe passage to India.
Jul 17, 2019, 7:08 PM IST
The ICJ found that Pakistan deprived India the right t communicate and have access to Jadhav, to visit him in detention and to arrange for his legal representation. The court said hence Pakistan has breached obligations incumbent upon it under the Vienna Convention on Consular Relations.
Jul 17, 2019, 6:44 PM IST
Former external affairs minister, Sushma Swaraj has welcomed the verdict. She thanked Prime Minister Narendra Modi for the initiative to take the case before the ICJ.
Jul 17, 2019, 6:43 PM IST
The court ruled in India’s favour by 15 votes to 1.
Jul 17, 2019, 6:39 PM IST
The ICJ ruled that the Vienna Convention has been violated by Pakistan by denying consular access to Jadhav. India had said that consular access is a basic tenet of the Vienna Convention. Not only was Jadhav denied this, but the way in which Pakistan Army and other officials treated Jadhav, his wife and mother does not show the failing state in good light.
Jul 17, 2019, 6:36 PM IST
The ICJ has called on Pakistan to review and consider the conviction of Jadhav. Court also said that the execution should remain suspended until Pakistan effectively reviews and reconsiders the conviction and sentence.
Jul 17, 2019, 6:35 PM IST
Reports state, ICJ has suspended Kulbhushan Jadhav’s death sentence. It has also affirmed his right to consular access.
Jul 17, 2019, 6:32 PM IST
The verdict will be read out by President of the Court, Judge Abdulqawi Ahmed Yusuf.
Jul 17, 2019, 6:30 PM IST
The ICJ can entertain a dispute if both parties have accepted its jurisdiction. It can hear a dispute only if requested by one or more states. The ICJ cannot take up an issue suo-motu.
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Jul 17, 2019, 10:16 am IST
Pakistan claims that its security forces had arrested Mr Jadhav from Balochistan province on March 3, 2016, after he entered the country from Iran. India -- on the other hand -- maintains that he was kidnapped from Iran, where he had held business interests after retiring from the Navy. The 10-member bench of the ICJ has restrained Pakistan from executing Kulbhushan Jadhav until the conclusion of the case.
Jul 17, 2019, 10:18 am IST
On July 11, Pakistan had said it cannot "prejudge" the decision of the International Court of Justice in the former Indian naval officer Kulbhushan Jadhav's case on July 17.
Jul 17, 2019, 10:22 am IST
In June 2017, Jadhav had reportedly filed a petition against the death penalty.
Jul 17, 2019, 10:22 am IST
The verdict will bring to a close India’s two-year long quest for a reprieve for Kulbhushan Jadhav, who, the government believes, was convicted falsely on charges of terrorism in Pakistan.
Jul 17, 2019, 10:40 am IST
Ahead of the crucial verdict at the International Court of Justice on Kulbhushan Jadhav, it would be pertinent to note that he had been abducted and sold to the ISI in Pakistan. The manner in which the entire operation was carried out it becomes clear that Pakistan had managed this entire episode in a bid to frame him.
Jul 17, 2019, 12:03 pm IST
Kulbhushan Jadhav:
#Mumbai: Kulbhushan Jadhav's friends wearing 'India with Kulbhushan' t-shirts offer special prayers ahead of International Court of Justice's verdict today. pic.twitter.com/OJtnO0wWwz
While government sources confirm that Jadhav was abducted, sold to the ISI and then framed, an activist from Balochistan too had made a similar claim over a year back.
Jul 17, 2019, 12:06 pm IST
While the ISI and Pakistan Army oversaw this entire operation, it was undertaken by operatives of the Lashkar-e-Khorasan and Jaish al Adl. Both are proxies of the ISI.
Jul 17, 2019, 12:06 pm IST
The Baloch activist, Mehram Sarjov had said that Jadhav had not entered Pakistan voluntarily. In fact he was sold to the ISI by the terrorist group. The allegation by Pakistan that Jadhav was an Indian spy involved in terrorism and espionage is false. In fact a trap was laid to kidnap him from Iran and then take him to Pakistan, he also said.
Jul 17, 2019, 1:41 pm IST
The Baloch activist, Mehram Sarjov had said that Jadhav had not entered Pakistan voluntarily. He said Jadhav was approached by some persons with a business offer. After he hurriedly agreed, he travelled to the Iran border town of Saravan in a rented car. A Baloch separatist boarded the car following which Jadhav was trapped and taken to Pakistan, Sarjov also said. The Lashkar-e-Khorasan which specialises in abducting foreign nations took Jadhav to an undisclosed location in Zamaran and kept him there for three weeks. A deal was struck and Jadhav was sold to the ISI, he also said.
Jul 17, 2019, 1:45 pm IST
Ahead of the crucial verdict at the International Court of Justice (ICJ) regarding Kulbhushan Jadhav, a pertinent question that needs to be asked if the parties are bound by it. If the ICJ were to rule in India's favour, will Pakistan have to abide by it? Article 94 of the United Nations Charter says that all members of the United Nations have to comply with the decisions of the ICJ. In this case, both India and Pakistan have signed and ratified it.
Jul 17, 2019, 2:22 pm IST
Kulbhushan Jadhav case timeline: (Image courtesy - Twitter/@PBNS_India)
Jul 17, 2019, 2:24 pm IST
Kulbhushan Jadhav case timeline: (Image courtesy - Twitter/@PBNS_India)
Jul 17, 2019, 2:25 pm IST
Kulbhushan Jadhav case timeline: (Image courtesy - Twitter/@PBNS_India)
Jul 17, 2019, 2:25 pm IST
Kulbhushan Jadhav case timeline: (Image courtesy - Twitter/@PBNS_India)
Jul 17, 2019, 3:47 pm IST
The International Court of Justice (ICJ) in The Hague will pronounce its judgment in the Kulbhushan Jadhav case at 6.30 p.m.( IST) today in the Peace Palace in the Netherlands.
Jul 17, 2019, 4:21 pm IST
The top court of the UN will on Wednesday announce its verdict on India’s petition challenging the death sentence given to former naval officer Kulbhushan Jadhav by a Pakistani military court for alleged involvement in spying.
Almost five months ago, The Hague-based International Court of Justice (ICJ) reserved its verdict in the matter after hearing oral arguments by India and Pakistan. ICJ president Abdulqawi Ahmed Yusuf will read the court’s decision in a sitting at 6.30pm IST on Wednesday.
Jul 17, 2019, 5:10 pm IST
India has rejected Pakistan’s charges that Jadhav was a spy. India contended that it had not been informed of jadhav’s detention. Further India also sought for the immediate suspension of the death sentence awarded to him.
Jul 17, 2019, 5:17 pm IST
There is also an Optional Protocol to the Vienna Convention on Consular Relations for the compulsory settlement of disputes and both India and Pakistan are parties to this protocol as well.
Jul 17, 2019, 5:17 pm IST
Article 94 of the United Nations Charter says that all members of the United Nations have to comply with the decisions of the ICJ. In this case, both India and Pakistan have signed and ratified it.
Jul 17, 2019, 5:25 pm IST
The 16 judge Bench at the International Court of Justice comprise judges from both India and Pakistan.
Jul 17, 2019, 5:25 pm IST
China has always taken a stance in similar cases involving national security and espionage to deny consular access. If it were to follow the same, then there is a likelihood that China may dissent.
Jul 17, 2019, 5:26 pm IST
What India expects: India can hope that the death sentence is struck down by the ICJ. However what remains to be seen if Jadhav comes back to India after that. Will Pakistan free him on account of a death sentence being set aside? That would remain to be seen.
Jul 17, 2019, 5:37 pm IST
India alleged that Pakistan has violated the Vienna Convention by denying consular access. India said that it has made more than 100 attempts for consular access.
Jul 17, 2019, 5:44 pm IST
Prayers being offered in Mumbai ahead of crucial verdict. Jadhav’s friends while expressing solidarity wore t-shirts that read, “India with Kulbhushan.”
Jul 17, 2019, 5:57 pm IST
Team from Indian Embassy arrives at International Courts of Justice for Kulbhushan Jadhav case verdict.
Jul 17, 2019, 6:17 pm IST
Verdict to be out shortly.
Jul 17, 2019, 6:27 pm IST
The ICJ would decide on whether the death sentence awarded by Pakistan is valid or not. It would also decide on whether consular access should be granted to Jadhav or not.
Jul 17, 2019, 6:28 pm IST
A Pakistan military court had awarded death sentence to Jadhav in 2017. India had challenged the same and also sought consular access.
Jul 17, 2019, 6:29 pm IST
Venu Rajamony, India’s ambassador to Netherlands and MEA Joint Secretary Deepak Mittal are at the ICJ. The ICJ is shortly set to deliver its verdict.
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Pakistan Foreign Office spokesperson Muhammad Faisal said that Pakistan has fully contested the case before the ICJ.
"Pakistan was hoping for the best and would accept the decision of ICJ," he was quoted as saying by state-run Associated Press of Pakistan.
India moved the ICJ in May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
A bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.
A four-day public hearing in the high-profile case took place in February amidst heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammed terror group that killed 40 CRPF soldiers on February 14.
During the hearing in ICJ, both India and Pakistan submitted their detailed pleas and responses.
India based its case on two broad issues breach of Vienna Convention on consular access and the process of resolution.
Harish Salve, who was representing India in the case, questioned the functioning of Pakistan's notorious military courts and urged the top UN court to annul Jadhav's death sentence, which is based on an "extracted confession".
In his submission in the ICJ on the last day of the hearing, Pakistan's counsel Khawar Qureshi said, "India's claim for relief must be dismissed or declared inadmissible."
Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran.
However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.
Pakistan had rejected India's plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its "spy".
However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.
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