AUTHOR- Diksha Gupta
1. Introduction
Bring back Jadhav. People are pressuring ministry of external affairs to take some necessary action against Pakistan to bring back Kulbhushan Jadhav. So, who is kulbhushan Jadhav? Why pakistan is claiming Jadhav to be terrorist? Is the case that is creating immense tension between India and Pakistan?
2. Who is kulbhushan jadhav?
Kulbhushan Sudhir Jadhav is former naval officer who was captured by Pakistan military on Baluchistan on grounds that he was involved in various illegal activities on Karachi and Baluchistan and spying. Later he was given death sentence by Pakistan military.
3. Confession video-proof against Jadhav?
After Jadhav’s arrest, video was released of jadhav‘s confessions which was later denied by India saying it was doctored or fake.
4. ICJ (jadhav case-india v pakistan)
4.1. What happened?
Indian government moved to International Court of Justice for Jadhav’s freedom. In this matter, India clearly addresses that Jadhav was citizen of India and was kidnapped from Iran and Pakistan was putting allegation on India without any reasonable proof.
Later India also gives statement against Pakistan on ICJ stating that that Pakistan is not providing Jadhav the right to be defended by a legal counsel of his choice. His conviction and death sentence was based on "confessions" taken in captivity, which cannot be treated as evidence. So, India is seeking relief on this matter.
4.2. VERDICT-
The ICJ noted that Pakistan breached the obligation incumbent upon it under Article 36 of the Vienna Convention on consular relations. The ICJ rejected Pakistan’s claims to the admissibility of the application of India with a 15-1 votes. The ICJ suspended the death penalty awarded to Kulbhushan Jadhav by the Pakistani military court.
The findings and orders of the ICJ can be divided into three sections as follows.
1. Pakistan fails in proving jurisdiction and admissibility of ICJ in this matter.
2. India wins this case on various grounds as India stops the death sentence on Kulbhushan Jadhav.
3. Remedies India is asking on Jadhav case cannot be provided as per India wants.
5. Latest news-
As per latest reports, India is asking to provide second consular access to Jadhav. Jadhav is refused to file review petition on court.
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