Kulbhushan Jadhav Case ICJ Verdict Updates: Truth, justice have prevailed, tweets Narendra Modi; international court stays Jadhav's execution

  • In December, 2003, Kulbhushan Jadhav traveled to Iran to set up a business, using Indian passport E6934766.

  • On 29 March, 2016, Pakistan released a custodial confession in which Jadhav claimed to be a serving Indian naval officer, working for the RAW.

  • Jadhav sentenced to death by military court in Pakistan on 10 April, 2017.

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Kulbhushan Jadhav Case ICJ Verdict Updates: Truth, justice have prevailed, tweets Narendra Modi; international court stays Jadhav's execution
  • 21:30 (IST)

    Pakistan displaying Jadhav's passport led to ICJ's rejection of their argument about not knowing Jadhav's nationality


    Harish Salve, who presented Kulbhushan Jadhav’s case on India’s behalf before the ICJ thanked the country for the manner in which it intervened in the case. “It protected Kulbhushan Jadhav from being executed, in a hearing which was put together in a matter of days. 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 the passport led to the court rejecting Pakistan's argument that Jadhav's nationality was uncertain,” he said.

    Salve added that with the ICJ directing that a fair trial be held in accordance with Pakistan’s constitution, if the case goes back to the military court where outside lawyers are not allowed, it won’t meet standards.

  • 21:24 (IST)

    Applaud Jadhav's family's courage, says MEA S Jaishankar

  • 21:23 (IST)

    Celebrations in Jadhav's native village in Maharashtra


    Residents of a small village in this western Maharashtra district celebrated as the International Court of Justice (ICJ) stayed the death sentence awarded to local lad Kulbhushan Jadhav by a Pakistan court. People in Jadhav's native Javli village in Satara district condemned Pakistan and demanded immediate release of the retired Indian Navy officer.

    A villager said that Jadhav has built a house in his farm at Javli and used to visit the village two-three times a year. His uncle Subhash Jadhav, a retired ACP, said, "We are happy that the judgment went in our favour and now await Kulbhushan's return to India."

  • 21:22 (IST)

    India joins Jadhav's family in their joy, tweets Priyanka Gandhi Vadra

  • 21:20 (IST)

    Celebrations erupt at Jadhav's erstwhile residence in Parel


    Banners and posters featuring Kulbhushan were put up near the Pruthvivandan building in Parel, where he spent his childhood. Handbills mentioning "Kulbhushan our hero" were also displayed. Friends and relatives watched the ICJ proceedings live on a television together. After the ruling, they released balloons and pigeons in the sky as a gesture of peace. Kulbhushan Jadhav's friends watched the telecast wearing 'India with Kulbhushan' T-shirts and also offered special prayers ahead of the ICJ verdict.

    PTI

  • 21:07 (IST)

    Congress leader Randeep Surjewala says that some parts of the judgment leave Jadhav "vulnerable to another miscarriage of justice"

  • 21:02 (IST)

    Jadhav should be released unconditionally, demands Congress' Ahmed Patel after ICJ verdict

  • 20:50 (IST)

    Truth and justice have prevailed, tweets Prime Minister Narendra Modi

  • 20:49 (IST)

    We will continue to work vigorously towards Jadhav's early release and return, MEA shares statement

  • 20:45 (IST)

    ICJ rejects most remedies sought by India, including release of Jadhav and his safe passage to India


    In its final submissions. India had requested remedies, asking the Court to declare that the sentence of Pakistan’s military court is violative of international law and the provisions of the Vienna Convention, and that “India is entitled to restitutio in integrum”, the judgement read. It sought the release and safe passage of Jadhav to India. In the event that these remedies cannot be granted, India had sought that Jadhav’s case be tried under ordinary law before civilian courts in Pakistan with the right to India to arrange legal representation for Jadhav.

    The ICJ rejected most of the remedies sought by India.

  • 20:40 (IST)

    Excerpts from the judgement


    In its verdict, the ICJ continued the stay on Jadhav’s execution, seeking that the case undergoes effective review and reconsideration.

    “The Court finds that the appropriate reparation in this case consists in the obligation of the Islamic Republic of Pakistan to provide, by the means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Convention, taking account of paragraphs 139, 145 and 146 of this Judgment.”

    “The Court declares 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"

  • 20:36 (IST)

    Excerpts from the judgement


    In its verdict, the ICJ held that Pakistan violated Article 36(1) of the Vienna Convention by not providing consular access by Indian officials to Jadhav, directing the neighbouring country to inform Jadhav of his rights provide consular access to him “without further delay”.

    “The Court finds that the Islamic Republic of Pakistan deprived the Republic of India of the right to communicate with and have access to Mr. Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached the obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.”

    “The Court finds that the Islamic Republic of Pakistan is under an obligation to inform Mr. Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations.”

  • 20:34 (IST)

    Excerpts from the judgement


    In its verdict, the ICJ found Pakistan to be in violation of Article 36(1) of the Vienna Convention by not informing Jadhav “without delay” of his rights and not notifying India about Jadhav’s arrest and detention.

    “The Court finds that, by not informing Mr. Kulbhushan Sudhir Jadhav without delay of his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that provision.”

    “The Court finds that, by not notifying the appropriate consular post of the Republic of India in the Islamic Republic of Pakistan without delay of the detention of Mr. Kulbhushan Sudhir Jadhav and thereby depriving the Republic of India of the right to render the assistance provided for by the Vienna Convention to the individual concerned, the Islamic Republic of Pakistan breached the obligations incumbent upon it under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations.”

  • 20:31 (IST)

    Excerpts from the judgement


    In its verdict, the ICJ said that the case lies within the purview the international court and India’s 8 May application to conduct trial in the case is admissible.

    “The Court finds that it has jurisdiction, on the basis of Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations of 24 April 1963, to entertain the Application filed by the Republic of India on 8 May 2017.”

    “The Court rejects the objections by the Islamic Republic of Pakistan to the admissibility of the Application of the Republic of India and finds that the Application of the Republic of India is Admissible.”

  • 20:21 (IST)

    Pakistan government welcomes ICJ's rejection of India's demand to release, repatriate Jadhav

  • 19:41 (IST)

    India had a very strong case before ICJ, says Asaduddin Owaisi

  • 19:38 (IST)

    Nitin Gadkari lauds efforts by Modi, Sushma Swaraj, Harish Salve

  • 19:33 (IST)

    President of ICJ Abdulqawi Ahmed Yusuf reads out verdict


    Excerpts from the verdict being read out by Judge Abdulqawi Ahmed Yusuf:

    "The court finds that it has jurisdiction to entertain India's claims"

    "India was under no obligation to consider other dispute settle mechanism prior to instituting proceedings. Thus Pakistan's objection based on alleged non-compliance cannot be upheld"

    "Pakistan's objection based on 'clean-hands' doctrine must be rejected"

    "Pakistan has not explained how any of the wrongful acts allegedly committed by India may have prevented Pak from fulfilling its obligation," the court says.

  • 19:30 (IST)

    Continue to pray for Jadhav's early return, tweets Congress

  • 19:21 (IST)

    Only one of the 16-member panel of judges had a dissenting opinion in the case


    Of the panel of 16 judges that deliberated on the Kulbhushan Jadhav case, the only judge to dissent is the ad-hoc judge Tassaduq Hussain Jillani of Pakistan

  • 19:19 (IST)

    Arvind Kejriwal welcomes ICJ verdict

  • 19:15 (IST)

    Timeline of the Kulbhushan Jadhav case

  • 19:10 (IST)

    Rajnath Singh comments on ICJ verdict

  • 19:09 (IST)

    President of ICJ Abdulqawi Ahmed Yusuf reads out the verdict


    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.

    Court finds that Pakistan deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached obligations incumbent upon it under Vienna Convention on Consular Relations.

  • 19:03 (IST)

    P Chidambaram tweeted that 15:1 is actually a unianimous verdict

  • 19:02 (IST)

    Celebrations begin in Mumbai as ICJ delivers its verdict

  • 19:02 (IST)

    Pakistan was in violation of Vienna Convention for not informing Jadhav of his rights, rules ICJ


    By fifteen votes to one, the court rejected the objection of Pakistan to the admissibility of India's application and also found that Pakistan breached the obligations incumbent upon it under Article 36 of the Vienna Convention by not informing Jadhav of his rights.

  • 18:47 (IST)

    Sushma Swaraj welcomes ICJ's verdict

    Calling the ICJ' verdict on Kulbhushan Jadhav's verdict a "great victory" for India, Sushma Swaraj thanked Narendra Modi and Harish Salve. "I hope the verdict will provide the much needed solace to the family members of Kulbhushan Jadhav," she tweeted.

  • 18:44 (IST)

    ICJ rejects remedies sought by India, including Jadhav's safe passage to India

  • 18:43 (IST)

    ICJ has ruled in favour of India on merits, affirming Jadhav’s right to consular access and notification 

  • 18:40 (IST)

     

    Parts of judgement reveal that ICJ ordered Pakistan to provide effective review of Jadhav's conviction

    • Pakistan is under the obligation to provide effective review and consideration of the conviction and sentence of Jadhav.
    • The Court has stayed Jadhav’s execution.
    • Pakistan to provide consular access to Jadhav.

  • 18:32 (IST)

    The case judgement is out

    The Court has directed Pakistan to provide effective review and reconsideration of his conviction and sentences.

  • 18:30 (IST)

    ICJ rules in favour of India

    Vienna convention was violated by Pakistan, says CNN-News18.

  • 18:22 (IST)

    Pakistan had denied consular access to Kulbhushan Jadhav close to a 100 times, India argued before ICJ

    India in its plea argued how Pakistan had violated the Vienna convention by denying consular access to Jadhav close to a 100 times.

    Consular access is a basic tenet of the Vienna convention. Pakistan Army and other officials also treated his wife and mother with disrespect when they visited him in December 2017, earning the neighbouring country widespread criticism.

  • 18:18 (IST)

    Does the Vienna Convention apply to Jadhav?

    Pakistan claims that the Vienna Convention cannot possibly apply to spies, since that would create an absurd situation: “Consular officials [of a State that is sending somebody to spy] shall have the right to visit, converse, and communicate, correspond with the national [the man or woman who is sent to spy).”

    However, the plain language of the Vienna Convention itself has no exception carved out for spies, terrorists or anyone else. Indeed, such a caveat would allow governments to deny consular access to foreign nationals by simply alleging that they were involved in such acts—thus defeating the point of having a treaty in the first place.

  • 18:17 (IST)

     Indian Ambassador to the Netherlands Venu Rajamony and MEA Joint Secretary (Pakistan-Afghanistan-Iran) Deepak Mittal reach the ICJ headquarters

  • 18:16 (IST)

    Watch the ICJ's proceedings live

    Watch the proceedings of the Kulbhushan Jadhav verdict on webtv.un.org's live stream.

  • 18:09 (IST)

    Harish Salve represented India in the Kulbhushan Jadhav case for Re 1

    Noted lawyer Harish Salve represented India at the International Court of Justice for a fees of Re 1. He is known to be one of the most expensive lawyers in the country.

  • 18:03 (IST)

    ICJ verdict in Kulbhushan Jadhav case likely today: Judgment significant for India-Pakistan bilateral ties

    Irrespective of the ICJ's decision, the resolution of the Kulbhushan Jadhav case depends on the evolving dynamics of the India-Pakistan relationship, writes Vinay Kaura. With a vulnerable economy, each passing day weakens Pakistan's bargaining position. Whatever be the ICJ's ruling on the Jadhav case, Pakistan can demonstrate its sincerity as far as improving ties with India is concerned, by ordering the release of Jadhav.

  • 18:00 (IST)

    What does India hope for from the International Court of Justice?

    India wants the ICJ to restrain Pakistan from “acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith.” In addition, it has demanded that Pakistan should not be allowed to try Jadhav again, even after granting him consular access, saying that country’s military court system “does not satisfy the standards of due process”.

    Pakistan has not made Jadhav’s trial records public, which makes it hard to assess the evidence against him. However, reports say he tried under the Official Secrets Act, 1923, for “espionage and sabotage activities against Pakistan”. Pakistan’s Army Act, 1952, allows military courts to hear cases that arise out of the Official Secrets Act.

  • 17:53 (IST)

    Indian legal team arrives at the ICJ

  • 17:50 (IST)

    ICJ had rejected five pleas made by Pakistan during the four-day hearing in February

    In February this year, the ICJ rejected five pleas made by Pakistan during the hearing of Jadhav's case, including the playing of "confessional statement" of the Indian national and a request to adjourn the hearing citing illness of its ad-hoc judge.

    The four-day hearing in the Jadhav case started on 18 February at the ICJ headquarters in The Hague. Pakistan had further urged the ICJ to dismiss India's plea for relief for Jadhav, who has been sentenced to death by a Pakistani military court in an "opaque trial."

  • 17:25 (IST)

    What does consular access mean?

    Foreign nationals arrested while overseas must be promptly informed of their right to communicate with their embassy or consular post, so they can receive adequate legal assistance. This right is guaranteed by the Vienna Convention on Consular Relations, 1963, and has been upheld in several International Court of Justice judgments.

    Pakistan, however, that a bilateral agreement on consular access the two countries signed in 2008 overrides the Vienna Convention. That agreement says “each Government shall provide consular access within three months to nationals of one country under arrest, detention or imprisonment in the other country.”

  • 17:25 (IST)

    Kulbhushan Jadhav case is the fourth time ICJ will adjudicate case involving India, Pakistan

    In February 1971, India approached the ICJ following the diversion of an Indian aircraft to Pakistan. New Delhi subsequently suspended Pakistani flights over its territory. Pakistan told the court that this was in breach of the 1944 Convention on International Civil Aviation and the International Air Services Transit Agreement and filed a complaint with the Council of the International Civil Aviation Organization (ICAO). After India’s objections before the Council were rejected, an appeal before the ICJ was made. In its judgment, ICJ decided that the ICAO Council was competent to deal with the matter and dismissed India’s appeal.

  • 17:14 (IST)

    Kulbhushan Jadhav case is the fourth time ICJ will adjudicate case involving India, Pakistan

    In May 1973, Pakistan filed proceedings against India concerning 195 Pakistani prisoners of war. Pakistan said that India had proposed to hand over to the prisoners to Bangladesh, which was planning to try them for acts of genocide and crimes against humanity. India maintained that Pakistan's application was without legal effect. India was not represented at the public sittings held to hear the matter.

    In July 1973, before written proceedings were filed, Pakistan told the ICJ that that negotiations had taken place with India and the issue had been resolved by the two nations.

  • 17:03 (IST)

    Kulbhushan Jadhav case is the fourth time ICJ will adjudicate case involving India, Pakistan

    In September 1999, India and Pakistan approached the ICJ over the shooting down of a Pakistani maritime reconnaissance aircraft Atlantique by the Indian Air Force in Kutch on 10 August, 1999, killing all 16 naval personnel on board. Claiming that the aircraft was shot down in Pakistani airspace, the neighbouring country sought $60 million in damages from India.

    On 21 June, 2000, ICJ had ruled that it lacks jurisdiction to adjudicate the dispute brought by Pakistan against India. 

  • 16:58 (IST)

    Pakistan cannot prejudge judgement, says foreign office spokesperson Muhammad Faisal

    Only a few days ahead of the ICJ's verdict in the Kulbhushan Jadhav case, Pakistan Foreign Office (FO) spokesperson Muhammad Faisal said at his weekly news briefing, "We cannot prejudge the judgment." He, however, said that Pakistan has fully contested the case before the Hague-based ICJ.

  • 16:46 (IST)

    Kulbhushan Jadhav case is not the first time India, Pakistan sparred over wrongful conviction of an Indian citizen

    Prior to Kulbhushan Jadhav, Punjab resident Sarabjit Singh was convicted on charges of bombings in Lahore and Faisalabad in 1991, months after he inadvertently crossed into Pakistani territory in August 1990.

    His death sentence was upheld in higher courts, even as Singh allegedly underwent torture at the hands of authorities in the neighbouring country. The death penalty given to him was repeatedly postponed amid mercy petitions. On 26 April, 2013, Sarabjit was brutally assaulted and critically injured in Kot Lakhpat jail in Lahore.

    Appeals by India to release Singh on humanitarian grounds were turned down and on 2 May, 2013, the Pakistan government announced that he had succumbed to injuries.

  • 16:35 (IST)

    Pakistan's legal team arrived in The Hague on Tuesday

    Pakistan's legal team, led by Attorney General for Pakistan Anwar Mansoor Khan, arrived in The Hague on Tuesday ahead of the ICJ's verdict in the Kulbhushan Jadhav case. The team also included Foreign Office spokesperson Muhammad Faisal.

  • 16:28 (IST)

    Is Pakistan obliged to accept the judgment of the International Court of Justice?

    In theory, yes. The Vienna Convention includes an optional protocol, making it mandatory for signatory-nations to accept the jurisdiction of the International Court of Justice when disputes arise. Both India and Pakistan are signatories. The judgments of the International Court of Justice are binding.

    There is a gap between theory and reality, though. In 2004, the International Court of Justice ordered that 51 Mexican nationals convicted by the United States of America be given fresh trials. The United States Supreme Court, however, held that the judgment could not override national laws ruling out such a review. In 2005, the United States withdrew from the optional protocol. The United States continues to execute foreign nationals denied consular access during their trial, most recently Mexican citizen Roberto Moreno Ramos.

Kulbhushan Jadhav Case ICJ Verdict Updates: World court grants consular access to Jadhav, says his death sentence should stay suspended, claim reports.

The ICJ will steer clear of annuling the sentence delivered by a domestic court of any one of the member countries — howsoever flawed it may have been. Territorial integrity and sovereignty of member countries goes beyond the remit of the international court and will indeed open a Pandora’s Box if the court were to tread that dangerous path.

The International Court of Justice (ICJ) is all set to announce the verdict in the Kulbhushan Jadhav case on Wednesday. The Hague-based ICJ, which is the UN's top court, said it "will deliver, on Wednesday 17 July 2019, its Judgment in the Jadhav case (India v. Pakistan)." The ruling will be read out in public at 6.30 pm IST.

December, 2003: Kulbhushan Jadhav travels to Iran to set up a business, using Indian passport E6934766 that identified him as Hussein Mubarak Patel. He sets up a marine engine repair operation, and purchases a dhow, the Kaminda.

3 March, 2016: Jadhav disappears from Iran. Pakistan claims he has been arrested inside its territory. India believes he was kidnapped from Iran.

25 March, 2016: India is formally informed by Pakistan of Jadhav’s arrest. It responds by moving the first of several requests for custodial access.

29 March, 2016: Pakistan releases a custodial confession in which Jadhav claims to be a serving Indian naval officer, working for the Research and Analysis Wing.

6 September, 2016: Pakistan files “supplementary” First Information Report naming 15 individuals as “accomplices and facilitators” of Jadhav, including National Security Advisor Ajit Doval, former Research and Analysis Wing chief Alok Joshi, his wife Chetankul Jadhav, and mother Avanti Jadhav.

21 September, 2016: Military court hearing Jadhav case convenes.

23 January, 2017: Islamabad writes to New Delhi, seeking assistance in investigating the Jadhav case, and saying its request for consular assistance shall be considered “in the light of the Indian side’s response”. The letter seeks certified record of Jadhav’s cell phone for the last ten years and certified copies of his bank accounts in his and his family’s name, and statements of Indian officials.

10 April, 2017: Jadhav sentenced to death by military court in Pakistan. The same day, Islamabad reiterates its request for assistance in investigation, and repeats offer of conditional consular access.

12 April, 2017: Pakistani media alleges Indian intelligence has kidnapped former Inter-Services Intelligence officer Lieutenant-Colonel Muhammad Habib Zahir, in a bid to force a spy-swap.

27 April, 2017: External Affairs Minister Sushma Swaraj writes to Pakistan, asking it for certified copies of the chargesheet, proceedings of the court of enquiry, the summary of evidence in the case, and the judgment itself. No reply is received.

19 June, 2017: India replies to Pakistan’s letter, noting no evidence had been provided by Pakistan to show his involvement in any act of terrorism and his purported confession clearly appeared to be coerced.

22 June, 2017: Pakistan states that a military court has rejected Jadhav’s appeal.

8 May, 2017: India moves the International Court of Justice, and receives an interim stay on Jadhav’s execution, pending final orders in the case.

26 October, 2017: Islamabad writes to New Delhi, offering to discuss extraditing him to India should the government accept he is “considered a criminal under the laws of India.”

25 December, 2017: Jadhav’s mother and wife are allowed to visit him in prison.

Updated Date: Jul 17, 2019 21:31:01 IST