India v.

Pakistan (Kulbhushan Jadhav Case)

Case Background

Kulbhushan Jadhav is an ex-Indian Naval officer who is undergoing imprisonment

in a Pakistani jail on charges of espionage. Pakistani forces allegedly arrested
Jadhav on 3rd March 2016 in Balochistan, Pakistan, but the Indian foreign office
on 10th April 2017 alleged that Kulbushan Jadhav was kidnapped from Iran a year
before, and there was no concrete proof of his arrest in Pakistan.

● Thereafter, the death sentence was pronounced on him by the military court
of Pakistan on the charges of spying and terrorism.
● However, the Indian government in categorical terms maintained that they
had no link with Jadhav as he had taken premature retirement from the navy.
● The Indian Government had sought consular access to Jadhav sixteen times
which was denied by Pakistan.

Case Developments
On 10th April 2017, the military court of Pakistan (Field Martial Court) sentenced
death penalty to Jadhav, and allegedly, neither did he get a fair trial nor was given
proper legal representation.

● The whole case was based on the alleged confession video released by the
Pakistani establishment.
● Jadhav’s whole trial was only for three and a half months.
● Death sentence was confirmed by the Pakistan Army Chief.
● The Indian Government on 14th April 2017 sought a certified copy of the
charge sheet and judgment in the case and also consular access (which was
denied).
● India, being aggrieved by the verdict of the Pakistani Military Court,
challenged the same before the International Court of Justice.
● The Indian Government treated the trial as farcical and said India would
treat the execution as first-degree murder.
● The Indian Government through Senior Advocate Harish Salve approached
the International Court of Justice (ICJ).
ICJ’s Opinion
In May 2017, the International Court of Justice was approached by the
Government of India.

● The ICJ was approached under Article 36, paragraph 1 of the Statute of the
ICJ, and Article 1 of the Optional Protocol to the Vienna Convention on
Consular Relations Concerning the compulsory settlement of Disputes
(Optional Protocol) alleging violations of the VCCR by Pakistan.
● The contention of India was that the denial of consular access to the accused
was in violation of the Vienna Conventions.
● Many other legal questions were formulated and had to be answered by the
International Court of Justice.
● The ICJ started hearing on the matter in May 2017 and Jadhav’s execution
was stayed.
● Pakistan was not allowed by the International Court of Justice to play the
confessional video.

ICJ Verdict
In July 2019 the ICJ ruled in favour of India by a majority of 15:1

● The International Court of Justice held that Pakistan had violated the Vienna
Convention on Diplomatic Relations.
● Pakistan was directed to provide consular access to Kulbushan Jadhav.
● Pakistan was also held guilty of not accepting the provisions of optional
protocol, in 1969.
● The International Court of Justice rejected the contention of Pakistan that
India did not lend any help in criminal investigations against Kulbushan
Jadhav and also that India denied Jadhav as their citizen and therefore, the
right to consular access is out of question.
● ICJ held that there was enough material on record to prove that Pakistan was
aware of Jadhav’s nationality and time and again they have used the term
‘Indian Spy.’
● The judgment of the International Court of Justice is a landmark and great
diplomatic victory for India and has significance in international law.
● Pakistan’s Parliament in its joint sitting enacted a law, the International
Court of Justice (Review and Reconsideration) Act, 2021 to give death row
prisoner Kulbhushan Jadhav the right to file a review appeal against his
conviction by the military court.