The Hague (Netherland): In a major relief to India, the International Court of Justice (ICJ) on Wednesday asked Pakistan to review its conviction and sentencing of Kulbhushan Jadhav, facing exicution on charges of spying.
The Court, however, did not pay heed to India's contention to annul decision of the of military court convicting Jadhav, his release and safe passage to India.
According to the ICJ verdict, it's a continued stay on execution and constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Jadhav, official sources said.
"The court has directed Pakistan to provide effective and 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," tweeted Reema Omer, International Legal Advisor, South Asi, of the ICJ
Reacting to the verdict of the ICJ, former foreign minister Sushma Swaraj said: "I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India. I thank the Prime Minister Shri @narendramodi for our initiative to take Jadhav's case before International Court of Justice".
The court has said that Jadhav’s death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction/sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification
"Court finds that Pakistan deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached obligations incumbent upon it under Vienna Convention on Consular Relations," the CJI order said.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.
