KULBHUHAN Jadhav: ICJ Stays Execution Slamming Islamabad For Denying Consular Access

India led by Prime Minister Narendra Modi has hailed  the Hague based   International Court of Justice’s ‘ majority verdict  staying the death sentence awarded to  Kulbhushan Jadhav by a Pakistani military  court and allowing  consular  access  him. The  ICJ on Wednesday  held Pakistan guilty of a violation of the Vienna Convention on Consular Relations for its failure to give India consular access to the imprisoned former Indian naval officer from  Maharashtra  and  directed  Islamabad  to provide “effective review and reconsideration of the conviction and sentence” (of death penalty) awarded  by a Pakistani military court to Jadhav. The ICJ also held that the “continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence” of Mr Jadhav. In the long awaited verdict endorsed by 15 nations including China has asked Islamabad to provide Indian consular officers access to Jadhav in accordance with the Vienna Convention.  Hailing the judgement, PM Modi said truth and justice prevail in the case. The verdict is based on extensive of facts.”Our government will always work for ensuring safety and justice to every Indian”.GOI expects  “Pakistan to implement the directive immediately”. Reacting, Islamabad   said it would “proceed as per the law” even as it accused Jadhav of terror acts. However, the ICJ did not grant India’s plea “to annul the decision of the  military court” and “to direct Pakistan to … release Jadhav and to facilitate his safe passage to India” on the grounds that “it is not the conviction and sentence of Jadhav which are to be regarded as a violation of Article 36 of the Vienna Convention”, and that it “is not to be presumed… that partial or total annulment of conviction or sentence provides the necessary and sole remedy” in cases of violations of Article 36 of the Vienna Convention. A 16-member bench led by the  Judge Abdulqawi Ahmed Yusuf of  Somalia , made all the rulings by a 15-1 vote margin.  It may be recalled that on March 3, 2016, Pakistan arrested Kulbhushan Jadhav, a former Indian Navy officer. On  March 24, Pakistan claims Jadhav, “an Indian spy” arrested from the Balochistan province. Two days later, India claims there is no proof that Jadhav who owns a cargo business in Iran was arrested in Balochistan. Pakistan had   denied India’s 16 consular access to Jadhav embittering bilateral relations.

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