The Background of Kulbhushan Jadhav Case

Jadhav was reportedly captured by Pakistan's forces on March 3, 2016, in Balochistan, Pakistan. However, on April 10, 2017, the Indian foreign office claimed that Jadhav was kidnapped from Iran a year prior, and there was no solid evidence of his arrest in Pakistan.

• Following his arrest, a Pakistani military court issued a death sentence to Jadhav on accusations of spying and terrorism.
• The Indian government, on the other hand, firmly asserted that they had no connection with Jadhav since he had prematurely retired from the navy.
• India requested consular access to Jadhav sixteen times, which was consistently denied by Pakistan.

Progression of the Kulbhushan Jadhav Case

On April 10, 2017, the Pakistani military court (Field Martial Court) sentenced Jadhav to death. It was alleged that he did not receive a fair trial or proper legal representation.

• The entire case hinged on a confession video purportedly released by the Pakistani authorities.
• Jadhav’s trial in the case lasted for only three and a half months.
• The death sentence was confirmed by the Pakistan Army Chief.
• On April 14, 2017, the Indian Government requested a certified copy of the charge sheet and judgment in the case, as well as consular access (which was denied).
• Dissatisfied with the verdict of the Pakistani Military Court, India took the matter to the International Court of Justice.
• The Indian Government, considering the trial as farcical, stated that it would regard the execution as first-degree murder.
• The Indian Government, represented by Senior Advocate Harish Salve, approached the International Court of Justice (ICJ).

The ICJ's Stance on the Jadhav Case

In May 2017, the Government of India approached the International Court of Justice.

• The ICJ was approached under Article 36 of the Statute of the ICJ, and Article 1 of the Optional Protocol to the Vienna Convention on Consular Relations Concerning the compulsory settlement of Disputes (Optional Protocol), alleging violations of the VCCR by Pakistan.
• India contended that Pakistan's denial of consular access to the accused violated the Vienna Conventions.
• Several other legal questions were raised and needed to be addressed by the International Court of Justice.
• The ICJ began proceedings on the case in May 2017 and issued a stay on Jadhav’s execution.
• The International Court of Justice did not permit Pakistan to play the confessional video.

ICJ Verdict in the Kulbhushan Jadhav Case

In July 2019, the ICJ ruled in India's favor with a majority of 15:1.

• The International Court of Justice found that Pakistan had violated the Vienna Convention on Diplomatic Relations .
• Pakistan was instructed to provide consular access to Kulbhushan Jadhav.
• Pakistan was also found guilty of not adhering to the provisions of the optional protocol, 1969.
• The International Court of Justice dismissed Pakistan's argument that India did not assist in criminal investigations against Kulbhushan Jadhav and that India denied Jadhav as their citizen, therefore, the right to consular access was not applicable.
• The ICJ ruled that there was ample evidence to establish that Pakistan was aware of Jadhav’s nationality and they repeatedly referred to him as an ‘Indian Spy.’
• The International Court of Justice's judgement is a landmark decision and a significant diplomatic victory for India, with implications for international law.
• In response to the ICJ's ruling, Pakistan's Parliament enacted the International Court of Justice (Review and Reconsideration) Act, 2021 in a joint sitting, granting Kulbhushan Jadhav the right to file a review appeal against his conviction by the military court.

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