Home Current Affairs ICJ rejects Indian appeal for Kulbhushan Jadhav release

ICJ rejects Indian appeal for Kulbhushan Jadhav release

The International Court of Justice (ICJ) on Wednesday rejected India’s appeal for the release of Kulbhushan Jadhav. First of all, we will discuss the history of him. Then, we will talk about this judgment.

Who is Kulbhushan Jadhav?

Kulbhushan Jadhav is a former Indian navy officer. It is stated by the Pakistani government that he was arrested in the Pakistani province of Balochistan on charges of terrorism and observing for India’s intelligence agency.  On 10 April 2017, Indian foreign ministry said he had been kidnapped last year from Iran. So, the question is that;

Kulbhushan Jadhav
credits: www.sindhpost.com.pk

Did Pakistan Intelligence arrest him from Balochistan or Iran?

According to the Pakistani government, he arrested inside Balochistan near the border region of Chaman on 3 March 2016. India denied the claim and said he was arrested from Iran. On April 10, Army Chief, Gen Qamar Javed Bajwa confirmed his death sentence awarded by Field General Court Martial.

The Point/Body of India’s Case:

India’s case is built on the fact that Pakistan has consistently denied valid access to him. Due to terrorism in 2017. India says that Pakistan is in an aperture of Article 36 of the Vienna Convention. Which obliges Pakistan to inform India of the arrest of an Indian national without delay. He arrested on 3 March 2016. And it was only on 25 March 2016. That the Foreign Secretary of Pakistan informed the Indian High Commissioner in Islamabad of this arrest. Pakistan did not offer any explanation as to why it took over three weeks to inform the Indian High Commissioner.

Pakistan’s Case:

Pakistan countered India’s charges saying that as an Indian agent, who entered Pakistan illegally. In December 2017, Pakistan arranged a meeting between him and his mother and wife in light of Islamic traditions. Pakistan has always accused India of supporting groups in Balochistan that were working against the State.

credits: Dunya news.tv

Read the full text of ICJ judgment in Kulbhushan case

International Court of Justice:

  •  In May 2017, India approached the International Court of Justice (ICJ). On later, Pakistan also approached the International Court of Justice (ICJ)
  • The ICJ proceedings began in The Hague on 15 May to review the case. India sent its legal teams to put forward their arguments. After a few months, Pakistan also sent its legal teams to put forward their arguments. On 18 May 2017, the International Court of Justice stayed the hanging him.
  • On 22 June 2017, Pakistan released a new confessional video of him. In which he stated that he visited Karachi twice for gathering intelligence. He also admitted to supporting and funding. On behalf of India’s RAW. 
  • On 25 December, his mother and wife met him in Islamabad. After being allowed permission by Pakistani authorities.  India finally blames Pakistan for its handling of the visit of the wife and mother of him.

credits: thehindu.com

  • Good News For Pakistan:

On 17 July 2019, the ICJ, directed Pakistan to allow valid access and effectively review the death sentence. The court rejected India’s appeal for Jadhav’s release. And Pakistan won this case. That was good news for Pakistan. This is also the victory of Pakistan and Pakistan’s Army.

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