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

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

FP Staff July 17, 2019 20:57:43 IST
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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.

Highlights

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.

16:21 (ist)

All you need to know about International Court of Justice, which will deliver its verdict in Kulbhushan Jadhav case today

The court itself has no powers of enforcement. However, Article 94 of the Charter of the United Nations states that, “If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.”

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July 17, 2019 - 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.

July 17, 2019 - 21:24 (IST)

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

July 17, 2019 - 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."

July 17, 2019 - 21:22 (IST)

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

July 17, 2019 - 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

July 17, 2019 - 21:07 (IST)

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

July 17, 2019 - 21:02 (IST)

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

July 17, 2019 - 20:50 (IST)

Truth and justice have prevailed, tweets Prime Minister Narendra Modi

July 17, 2019 - 20:49 (IST)

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

July 17, 2019 - 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.

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.

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