JUDGES are seen at the International Court of Justice before the announcement of verdict in the case of Indian spy Kulbhushan Jadhav on Wednesday.—Reuters
• Islamabad asked to provide consular access to Indian spy
• FM Qureshi welcomes verdict as Pakistan’s victory
THE HAGUE: The International Court of Justice (ICJ) on Wednesday rejected India’s request for acquittal, release and return of Kulbhushan Jadhav, an Indian serving naval commander sentenced by Pakistan on charges of espionage and terrorism, but asked Islamabad to provide him consular access under the Vienna Convention.
The United Nations’ top court, in its verdict after two-year-long proceedings, ruled an effective review and reconsideration of the sentence by Pakistan, by the means of its own choosing of legislation.
“The court notes that Pakistan acknowledges that the appropriate remedy in the present case would be effective review and reconsideration of the conviction and sentence,” the ICJ verdict read, supporting Pakistan’s stance.
Foreign Minister Shah Mehmood Qureshi termed the decision a victory of Pakistan.
Commander Jadhav would remain in Pakistan and would be treated in accordance with the law of the country, he said in a tweet following the ICJ ruling.
The Hague-based court in response to India’s plea to release Jadhav and facilitate his safe passage to India said, “It is not the conviction and sentence of Mr Jadhav, which are to be regarded as a violation of Article 36 of the Vienna Convention.” The court did not accept India’s contention that Jadhav was entitled to ‘restitutio in integrum’ (restoration to original position) and turned down its request to annul the decision of Pakistan’s military court.
Instead, it ruled that Pakistan by the means of its own choosing could undergo an effective review and reconsideration of the sentence awarded to Jadhav.
President of the ICJ Judge Abdulqawi Ahmed Yusuf read out the 42-page decision in a public sitting at the Peace Palace’s courtroom packed with officials, representatives and media persons from Pakistan and India.
The court accepted Pakistan’s point that Jadhav was an Indian national possessing a valid Indian passport in the name of Hussein Mubarak Patel and said it was satisfied that the evidence before it left no room for doubt that Jadhav held Indian nationality.
The court did not uphold submission by India that the “partial or total annulment of conviction or sentence provided the necessary and sole remedy.” It also declared that a continued stay of execution constituted an indispensable condition for the effective review and reconsideration of Jadhav’s conviction.
In its verdict, the ICJ ruled that it had the jurisdiction to entertain the application of India under the Vienna Convention as it had the jurisdiction under Article 1 of the Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations of April 24, 1963.
Earlier, Pakistan had argued that Article 36 of Vienna Convention was not applicable in cases of espionage.
Accompanied by English Queens counsel Barrister Khawar Qureshi, a 13-member Pakistani delegation, led by Attorney General Anwar Mansoor along with the Foreign Office’s Director General South Asia Dr Mohammad Faisal and comprising officials of the ministries of law and foreign affairs, was present in the courtroom.
The case proceedings were shown live from the courtroom and shared by the ICJ’s website for real-time update for the viewers worldwide.
Attorney General Mansoor told reporters outside the courtroom that the decision clearly stated that Jadhav would remain in custody of Pakistan.
“This is a clear, clear win for Pakistan,” he asserted.
The AG said Pakistan had been very clear from the outset and would consider the review and reconsideration as per the law of land.
Foreign Office spokesman Dr Faisal said having heard the judgement, Pakistan would now proceed as per law.
‘Pakistan’s stance vindicated’
Addressing a press conference, Foreign Minister Qureshi welcomed the ruling of the ICJ saying it had vindicated Pakistan’s stance regarding involvement of a serving Indian army officer in espionage and terrorist activities in the country.
Congratulating the nation, Mr Qureshi said he felt satisfaction over the ruling which “was a victory for Pakistan”.