An Indian plea to release Kulbushan Jadhav have been rejected by the International Court of Justice ICJ. He is an Indian spy who was arrested in 2016 in an attempt to carry out terrorist activities in Balochistan and Karachi. He was already death sentenced by the Pakistani Military court.
Indian Plea and ICJ Remarks:
ICJ read the judgment related to Jadhav in an open court today on July 17, 2019 Peace Place in The Hague. Luckily, all the decisions taken are in the best interest of Pakistan and against terrorism. International Court of Justice ICJ has rejected all the remedies which India sought in this regard. These rejected pleas include nullifying the conviction on Jadhav as per military court decision, restricting Pakistan to carry out the execution of Jadhav, securing his release followed by his return to India.
International Court of Justice said that Pakistan violations of Article 36 the Vienna Convention on Consular Relations (VCCR) cannot be related to its conviction and sentence of Mr. Kulbushan Jadhav. The ICJ also clarified that Pakistan may cease the Article 360 violation and review the case in this light that the violation has effected the case or not.
Article 36 of the Vienna Convention states that if any, national of the foreign country get arrested, they must be informed to have the right of consultation from their own country. But Pakistan has taken its stance that under Article 36 of Vienna Convention on Consular Relations (VCCR), it does not apply to people who get arrested for spying.
Pakistani team includes Attorney General Anwar Mansoor Khan and Foreign Office Spokesperson, Dr Muhammad Faisal, who had reached The Hague to hear the verdicts.
Who is Kulbushan Jadhav?
Jadhav is a serving commander of Indian Navy who was also involved with the Indian spy agency Research and analysis Wing (RAW). He was arrested from Balochistan in March, 03, 2016. He was captured in allegation of espionage/spying and terrorism. During trials in the military court, he confessed about his involvement with the terrorist groups and he was death sentenced in 2017 for spying.
In this time of Jadhav trials, India had been insisting to release him as he is not a spy. Moreover, they were of the opinion that he was kidnapped from Iran.
Later on April 10, 2017, Chief of Army staff (COAS) Army Chief Gen Qamar Bajwa endorsed that Jadhav should face a death penalty. India filed a petition for mercy in this regard, but Jadhav again confessed that he has been involved in the terrorist activities.
International Court of Justice (ICJ) was approached by India to take a stay order, before Pakistani authorities even reached to any final decision.
Although, the relationship between two nuclear powers have been improved, but Jadhav case has created a sharp spike and tension among them after Pulwama attack in Kashmir.