India and Pakistan have always been at loggerheads since partition. Time and again, they have fought whether on the battlefield, on LOC or in International court to safeguard each other’s national rights and interest. The latest case that has been in spotlight involving both the countries is “Kulbhushan Jadhav”. Kulbhushan Jadhav has been sentenced to death by the Pakistani Military court.
Jadhav’s Execution Put On Stay Till the Final Verdict
On Monday, both India and Pakistan presented their sets of arguments and proof in front of the International Court of Justice.India put forward its case demanding to suspend the death sentence awarded by the Pakistani Military court. India claims that the trail was not just and was merely a farce as Pakistan wanted to eliminate Jadhav at the earliest. India was sceptical about the fact that Jadhav might be executed even before the hearing at the International Court of Justice got over. On the other side, Pakistan claimed that they had enough proof against Jadhav that proved that he was an Indian spy and had rightly awarded his death sentence.
But, now the ICJ has put a stay on the execution of the Jadhav till the final verdict of the case is out. The Indian Lawyer, Harish Salve, who is representing the case is considering this as one of the big achievements for the country.
Jadhav was arrested on 3rd March 2016.The Pakistani military court blamed Jadhav of espionage and gave him a death sentence. Jadhav’s family from India had requested the Pakistani authorities to grant them visa to meet Jadhav but the pleas have gone unheard.
India blamed Pakistan withholding the information about Jadhavs arrest and also Pakistan devoid Jadhav from his official rights. Jadhav was denied consular access that is his right as per the Vienna convention in spite of repeated requests being made. India was also not informed about the same and they learnt about the death sentence from a press release in Pakistan. The Indian advocates are claiming that Jadhav had retired from the Indian Navy and was in Iran for some business from where he had been kidnapped. Later, he was arrested from Baluchistan on 3rd March 2016 but the Indian counterparts only got to know about same on the 25th of March 2016.
India’s Move to the International Court of Justice
India moved the International Court of Justice, claiming that Pakistan was violating the laws and legal framework laid down by the Vienna convention. They claimed that Pakistan’s verdict was illegal and demanded that Pakistan annuls their decision and release the prisoner at the earliest.
Pakistan on the other hand counter attacked saying that the accused was arrested from Baluchistan and that Pakistan had adequate proof to prove the fact that he was a spy and was a part of the Indian navy.
Till now, the case is going in the favour of India. Though, Pakistan has said that they will not listen to anyone when the matter is regarding their national security.
The UN court dictated Pakistan to keep the death sentence on hold till the final verdicts have been passed by the ICJ. They also instructed Pakistan to give counselor access to India as it was the right of Jadhav. Prior to this verdict as much as 16 pleas of consular access had been dismissed by Pakistan. The ICJ has dismissed various witnesses presented by Pakistan and have stated that this verdict binds both India and Pakistan.However, ICJ’s stay on the execution of Jadhav is indeed a big achievement.This is a big victory for India and can be considered as a step towards justice for Jadhav.