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victory for India in the event of Kulbhushan Jadhav

Victory for India in the event of Kulbhushan Jadhav:

The International Court of Justice has held Pakistan guilty of violating the Vienna Convention as it deprived Kulbhushan Jadhav of consular access.

victory for India in the event of Kulbhushan Jadhav
image credit :-india today

·         .Kulbhushan Jadhav is a 49-year-old retired officer of the Indian Navy
·         He was arrested by security forces in Pakistan in March 2016
·         The retired Indian Navy officer was held on charges of "terrorism and espionage"

Today, the International Court of Justice (ICJ) ruled in favor of India and found Pakistan guilty of breaking the Vienna Convention because it refused consular access to Kulbhushan Jadhav, a custodial Indian national.

In the Kulbhushan Jadhav case, the ICJ in The Hague issued its final judgment. The top international court said that Pakistan had to grant Kulbhushan Jhadav consular access (diplomatic aid) and comply with the Vienna Convention. The tribunal said that Pakistan should provide a "conviction and sentence review and reconsideration."

Reading the judgment, ICJ Judge President Abdulqawi Ahmed Yusuf requested an "efficient review and review of Mr Kulbhushan Sudhir Jadhav's conviction and sentence."

What this efficiently means is that the death sentence given by a military court in Pakistan to Kulbhushan Jadhav will be placed on hold until the case and conviction is reviewed after Kulbhushan Jadhav receives diplomatic help.

The Kulbhushan Jadhav case has acquired a lot of traction over the previous few years as India and Pakistan stayed steadfast on their basis.

The verdict in this high-profile case comes almost five months after a 15-member ICJ bench led by Judge Yusuf reserved its decision on February 21 after hearing India and Pakistan's oral submissions. It took two years and two months to finish the case's trials.

(The ICJ is an international body, part of the United Nations, set up to resolve international disputes after the Second World War.)
The International Court of Justice has held Pakistan guilty of violating the Vienna Convention as it deprived Kulbhushan Jadhav of consular access.
image credit :- india today

Who is Jadhav Kulbhushan?

Kulbhushan Jadhav is a retired Indian Navy officer who is 49 years old. He was detained on March 3, 2016 by safety forces in Pakistan. Pakistan argues that Kulbhushan Jadhav was detained on illegal entry into the nation close Chaman's Pakistan-Afghanistan border in Balochistan. On the other side, India claims that Kulbhushan Jadhav has been kidnapped from Iran by Pakistan.

In April 2017, he was sentenced to death by a Pakistani military court (Field General Court Martial (FGCM)) based on an "extracted confession." FGCM is a military tribunal made up of officers of the Pakistan Army. The FGCM judges are not needed to have degrees in law.

India scrapped these charges and condemned the judgment of the military court in Pakistan. India holds that Kulbhushan Jadhav had company interests in Iran from which Pakistan kidnapped him after retiring from the Indian Navy.

What occurred after the judgment of Pak's military court?

India requested consular access to Kulbhushan Jadhav after a military court in Pakistan awarded him a death sentence. India asserted that Pakistan was in breach of the Vienna Convention and that Kulbhushan Jadhav was not adequately represented during the trial.

India also dismissed the statement of Pakistan that Kulbhushan Jadhav had admitted that he was a spy. The "extracted confession" on the basis of which he was sentenced to death was summarily dismissed by India.

victory for India in the event of Kulbhushan Jadhav
image credi :-india today
How did ICJ come up with the matter?

When Pakistan refused to grant consular access to Kulbhushan Jadhav and faced with the likelihood of being executed in the near future, India decided on May 8, 2017 to move the Hague International Court of Justice.

In its request, by denying New Delhi consular access to Kulbhushan Jadhav, India accused Pakistan of "regiously breaking" provisions of the Vienna Convention.

A ICJ bench restricted Pakistan from implementing Kulbhushan Jadhav on May 18, 2017 until the case was adjudicated by the tribunal.

What did India argue at the ICJ, Pakistan?

India has asserted its case on two wide basis: 1) Pakistan has infringed the Vienna Convention as it has constantly refused consular access to Kulbhushan Jadhav; 2) the case-resolution process.

Harish Salve, who argued at the ICJ for India, questioned the functioning of Pakistan's notorious military courts and urged the top UN court to annul the death sentence of Jadhav, which he claimed was based on an "extracted confession." India asserted that Pakistan breached international law by not enabling India to offer Kulbhushan Jadhav diplomatic help before a military court sentenced him.
"To make human rights a reality, to direct his (Jadhav's) release would be in the interests of justice," Harish Salve said.

In the meantime, Pakistan's counsel, Khawar Qureshi, stated that "India's relief request must be dismissed or proclaimed inadmissible." Pakistan had rejected India's request for consular access to Jadhav at the ICJ, claiming that New Delhi wants access to the data collected by its "spy."

Pakistan also refuted India's assertion that the military courts of Pakistan's magistrates have no sound legal knowledge because they are mainly military officers. It stated that the judiciary of Pakistan are "highly autonomous." Pakistan also asserted to have "adequate proof" from its army to demonstrate that Kulbhushan Jadhav was a spy.

(Field General Court Martial, the military court that convicted Kulbhushan Jadav, is made up of officers of the Pakistan Army. Judges of the FGCM are not needed to hold law degrees.) Dawn, Pakistan's major newspaper, said in a study: "Pakistan's Attorney General Anwar Mansoor Khan argued that Jadhav was an Indian spy sent to Balochistan to destabilize the nation and thus not an entity.

India has rejected those accusations.

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