The International Court of Justice (ICJ) ruled that Pakistan must review the death sentence for Indian national Kulbhushan Jadhav, who was sentenced to death by a Pakistani military court on charges of 'espionage and terrorism'. A look at some developments in the high-profile case so far
Updated On: 2019-07-18 09:14 AM IST
Pakistan's Inter-Services Public Relations (ISPR) aired a video of Kulbhushan Jadhav in which he confessed to involvement in terror activities in Balochistan and Karachi. 'I am still a serving officer in the Indian Navy and will be due for retirement in 2022 as a commissioned officer in the Indian Navy,' he said in the video. However, India had rejected the video terming it 'fabricated'
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Pakistan's Inter-Services Public Relations (ISPR) aired a video of Kulbhushan Jadhav in which he confessed to involvement in terror activities in Balochistan and Karachi. 'I am still a serving officer in the Indian Navy and will be due for retirement in 2022 as a commissioned officer in the Indian Navy,' he said in the video. However, India had rejected the video terming it 'fabricated'
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A year later on April 11, 2017, Kulbhushan Jadhav was sentenced to death. The Inter-Services Public Relations (ISPR) said a Field General Court Martial awarded the capital punishment and Army Chief General Qamar Javed Bajwa had confirmed the death sentence. A brief ISPR statement described Jadhav, who allegedly used the alias Hussein Mubarak Patel, as an Indian Naval officer attached to the Research and Analysis Wing (RAW). The statement said Jadhav was tried under section 59 of the Pakistan Army Act, 1952, and section 3 of the Official Secrets Act, 1923. The Court Martial found Jadhav guilty of all the charges, the ISPR said.
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A year later on April 11, 2017, Kulbhushan Jadhav was sentenced to death. The Inter-Services Public Relations (ISPR) said a Field General Court Martial awarded the capital punishment and Army Chief General Qamar Javed Bajwa had confirmed the death sentence. A brief ISPR statement described Jadhav, who allegedly used the alias Hussein Mubarak Patel, as an Indian Naval officer attached to the Research and Analysis Wing (RAW). The statement said Jadhav was tried under section 59 of the Pakistan Army Act, 1952, and section 3 of the Official Secrets Act, 1923. The Court Martial found Jadhav guilty of all the charges, the ISPR said.
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Following the sentence in 2017, neighbours and friends of Kulbhushan Jadhav said it was absolute nonsense that Jadhav could be involved in spying or any such activity he has been accused of. Several others demanded that the government must secure his release as soon as possible. His father Sudhir Jadhav, who retired as a Mumbai Police officer, maintained that his son was framed in the case.
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Following the sentence in 2017, neighbours and friends of Kulbhushan Jadhav said it was absolute nonsense that Jadhav could be involved in spying or any such activity he has been accused of. Several others demanded that the government must secure his release as soon as possible. His father Sudhir Jadhav, who retired as a Mumbai Police officer, maintained that his son was framed in the case.
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Following Kulbhushan Jadhav's death sentence on April 11, 2017, India on May 8, 2017, approached the ICJ against Pakistan 'for egregious violations of the Vienna Convention on Consular Relations, 1963' in the matter. India alleged that Pakistan is in breach of Article 36(1)(b) of the Vienna Convention which obliged Pakistan to inform India of the arrest of Jadhav 'without delay'
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Following Kulbhushan Jadhav's death sentence on April 11, 2017, India on May 8, 2017, approached the ICJ against Pakistan 'for egregious violations of the Vienna Convention on Consular Relations, 1963' in the matter. India alleged that Pakistan is in breach of Article 36(1)(b) of the Vienna Convention which obliged Pakistan to inform India of the arrest of Jadhav 'without delay'
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Reacting strongly to Kulbhushan Jadhav's death sentence, the then Foreign Secretary S Jaishankar (pictured) in New Delhi summoned Pakistan High Commissioner to India Abdul Basit and gave a demarche, which said the proceedings that have led to the sentence against Jadhav are 'farcical in the absence of any credible evidence' against him. He further stated that it will be 'premeditated murder' if the sentence is carried out 'without observing basic norms of law and justice.'
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Reacting strongly to Kulbhushan Jadhav's death sentence, the then Foreign Secretary S Jaishankar (pictured) in New Delhi summoned Pakistan High Commissioner to India Abdul Basit and gave a demarche, which said the proceedings that have led to the sentence against Jadhav are 'farcical in the absence of any credible evidence' against him. He further stated that it will be 'premeditated murder' if the sentence is carried out 'without observing basic norms of law and justice.'
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The then External Affairs Minister Sushma Swaraj made a statement in both the Lok Sabha and the Rajya Sabha, asserting that India will go 'out of the way' to ensure justice to Kulbhushan Jadhav who is an 'innocent kidnapped Indian'
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The then External Affairs Minister Sushma Swaraj made a statement in both the Lok Sabha and the Rajya Sabha, asserting that India will go 'out of the way' to ensure justice to Kulbhushan Jadhav who is an 'innocent kidnapped Indian'
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Commenting on Kulbhushan Jadhav's predicament, noted lawyer Ram Jethmalani, in 2017, (pictured right) said India must seek from Pakistan a copy of the judgment awarding death sentence to the former navy officer, so the grounds of conviction is known
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Commenting on Kulbhushan Jadhav's predicament, noted lawyer Ram Jethmalani, in 2017, (pictured right) said India must seek from Pakistan a copy of the judgment awarding death sentence to the former navy officer, so the grounds of conviction is known
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However, India succeeded in stopping Pakistan from taking the law into its own hands. India has contended that it had not been informed of Jadhav's detention until long after his arrest and that Pakistan had failed to inform the former Naval officer of his rights. India alleged that in violation of the Vienna Convention, the Pakistani authorities had denied India its right of consular access to Jadhav, despite repeated requests
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However, India succeeded in stopping Pakistan from taking the law into its own hands. India has contended that it had not been informed of Jadhav's detention until long after his arrest and that Pakistan had failed to inform the former Naval officer of his rights. India alleged that in violation of the Vienna Convention, the Pakistani authorities had denied India its right of consular access to Jadhav, despite repeated requests
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In December 2017, Kulbhushan Jadhav met his wife and mother - but separated by a glass screen - in a carefully choreographed event that unfolded in tweets, photos and TV footage. The 40-minute meeting, which took place after many representations, was at the heavily guarded Foreign Affairs Ministry building, and came after the International Court of Justice asked Pakistan in May 2017 to stay his execution
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In February 2019, the International Court of Justice (ICJ) rejected five pleas made by Pakistan during the hearing of Kulbhushan Jadhav's case, including the playing of so-called '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 Jadhav's case started on February 18 at the ICJ headquarters in The Hague
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In February 2019, the International Court of Justice (ICJ) rejected five pleas made by Pakistan during the hearing of Kulbhushan Jadhav's case, including the playing of so-called '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 Jadhav's case started on February 18 at the ICJ headquarters in The Hague
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One of India's top lawyers, Harish Salve, charged only Re 1 as the fee to fight India's case at the International Court of Justice, against the death penalty given to Indian national Kulbhushan Jadhav by a Pakistani military court
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One of India's top lawyers, Harish Salve, charged only Re 1 as the fee to fight India's case at the International Court of Justice, against the death penalty given to Indian national Kulbhushan Jadhav by a Pakistani military court
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In July 2019, friends of Kulbhushan Jadhav expressed hope that the verdict by the International Court Justice (ICJ) will be in India's favour and will facilitate his safe return
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In July 2019, friends of Kulbhushan Jadhav expressed hope that the verdict by the International Court Justice (ICJ) will be in India's favour and will facilitate his safe return
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On July 17, 2019, the International Court of Justice (ICJ) asked Pakistan to review its conviction and sentencing of Indian national Kulbhushan Jadhav, facing execution on charges of spying. Reema Omer, international legal advisor, South Asi, of the ICJ, tweeted, "The Court has directed Pakistan to provide effective review and reconsideration of his conviction and sentences. ICJ has ruled in favour of India on merits, affirming Jadhav's right to consular access and notification."
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By a 15-1 verdict, the Court held that a continued stay on execution constitutes an indispensable condition for the review and found that Pakistan had breached the Vienna Convention by not giving him consular access. It held that Pakistan is under an obligation to inform Jadhav without further delay of his rights and to provide Indian consular access to him in accordance with the Geneva Convention. The Court has, however, rejected most of the remedies sought by India, including annulment of military court decision convicting Jadhav, his release and safe passage to India
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