The Background of Kulbhushan Jadhav’s Case: India’s Demands vs. Pakistan’s Stance

In Backgrounder
December 8, 2020
Humda Qamar
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The Procedural Timeline of Kulbhushan Jadhav Case On March 03, 2016, the Indian national, Kulbhushan Jadhav was taken into custody by Pakistani Authorities. Pakistan accused Mr. Jadhav of conducting espionage and terrorism acts on behalf of India by entering Pakistan’s territory illegally. Whilst, India disputed Pakistan’s claim by alleging that Mr. Jadhav was kidnapped from

The Procedural Timeline of Kulbhushan Jadhav Case

On March 03, 2016, the Indian national, Kulbhushan Jadhav was taken into custody by Pakistani Authorities. Pakistan accused Mr. Jadhav of conducting espionage and terrorism acts on behalf of India by entering Pakistan’s territory illegally. Whilst, India disputed Pakistan’s claim by alleging that Mr. Jadhav was kidnapped from Iran and transferred to Pakistan for interrogation.

A Timeline of Kulbhushan Jadhav’s Case and Arrest

On March 25, 2016 Pakistan told the High Commission of India, Islamabad about a video of Mr. Jadhav’s confession about his involvement in espionage and terrorist acts through the intelligence agency, Research and Analysis Wing (RAW).
Pakistan informed the Security Council of the United Nations about the issue at hand.
On the September 21, 2016, Mr. Jadhav was presented at trial before the field General Court Martial, under section 59 of the Army Act 1952 and section 3 of the Secrets Act 1923.
Mr. Jadhav was given 3 weeks to prepare a defense, for which Pakistan arranged a “law qualified field officer” at the time.
On April 10, 2017: Pakistani Army court sentences Jadhav to death for “for his involvement in espionage and sabotage activities against Pakistan”.
Pakistan also sent in a “Letter of Assistance for Criminal Investigation against Indian National Kulbhushan Sudhair Jadhav ” to the Indian consulate for assistance in “obtaining evidence and record” of his activities.
While Pakistan desired “assistance in the investigation process” from India; India on the other hand demanded consular access to Jadhav without any precondition

In 2019, India engaged the ICJ and claimed that Pakistan has breached the Vienna convention by failing to provide unimpeded consular access and requested the Court to dismiss Jadhav’s sentence.

What was Pakistan’s Stance at the International Court of Justice?

The International Court of Justice observes that Pakistan raised major objections that directly apply to India’s Application regarding Mr. Jadhav’s case.

Pakistan objected to the Court’s intervention in the case for the reason that the Vienna Convention does not apply in terms of an espionage act.
Pakistan stated that India concealed the identity and purpose of investigating Mr. Jadhav’s activities.
India allowed Mr. Jadhav to cross borders under false identification.

India dismissed the exposure and the consideration of dispute settlements.

International Court of Justice: Conclusion

In summary,

The Court observed that Pakistan acted in breach of Article 36 of the Vienna Convention on Consular Relations.
The Court acknowledges that Mr. Jadhav’s should be provided with the demands put forth for his rights under the Ordinary law within civilian courts.
The Court noted that Pakistan acknowledged the appropriate remedy in the present case that would be an effective review and reconsideration of the conviction and sentence, which granted the individual the consular access and the legal representation in light of Pakistani Law.
Observing that Pakistan had to ensure that full weight is given to the effect of the violation of the rights, it must presuppose the existence of a procedure which was suitable for the case.