New Delhi: The ICJ by a vote of 15-1 on Kulbhushan Jadhav case has upheld India`s claim that Pakistan is in egregious violation of the Vienna Convention on Consular Relations on several counts, Ministry of External Affairs (MEA) said on Wednesday.
"We welcome the justice delivered by the ICJ at The Hague in favour of India. The court by a vote of 15-1 has upheld India`s claim that Pakistan is in egregious violation of the Vienna Convention on Consular Relations on several counts," MEA spokesperson Raveesh Kumar said at a press conference here.
"We also appreciate the direction of the ICJ that Pakistan should review and reconsider the conviction and sentence given to Jadhav by Pakistani military court," he added.
India has urged Pakistan to immediately provide consular access to Jadhav, as per the court`s directive. Kumar said, "We note the ICJ has directed Pakistan is under obligation to inform Jadhav without further delay and provide Indian consular officers access to him according to the Vienna Convention. We expect Pakistan to implement the directive immediately."
He said the verdict validates India`s position on the matter and asserted that the government will continue its efforts to secure Jadhav`s release."We will continue to work for Jadhav`s early release and return to India," he said.
In its order, the court said that a continued stay on Jadhav`s execution constitutes an indispensable condition for the review of sentencing.
"The Court recalls that it indicated a provisional measure directing Pakistan to take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in the present proceedings (Jadhav (India v Pakistan), Provisional Measures, Order of 18 May 2017, I.C.J. Reports 2017, p. 246, para. 61 (I))."
"The Court considers that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Jadhav," said ICJ president Abdulqawi Ahmed Yusuf, who read out the 42-page judgement on the petition filed by India in May 2017 against Pakistan`s military court sentencing of Jadhav.
Jadhav, 49, was purportedly "arrested" from Balochistan by Pakistani security forces on March 3, 2016, after he entered the country from Iran as claimed by Islamabad.
India has rejected Pakistan`s claims and has always maintained that Jadhav was in Iran on a business trip.
He has been in jail since March 2016.
The ICJ order said, "To conclude, the Court finds that Pakistan is under an obligation to provide, by means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr. Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Vienna Convention, taking account of paragraphs 139, 145 and 146 of this Judgment."
The 16-member Court unanimously found that it had jurisdiction to go into the case under the Vienna Convention to entertain the application filed by India on May 8, 2017.
By 15 votes to one, it rejected the objections raised by Pakistan to the admissibility of India`s petition.
The Court by 15 votes to one also held that by not informing Jadhav without delay of his rights under the Vienna Convention on consular relations, Pakistan breached the obligations incumbent upon it under the provision.
The Court also found that by not notifying the appropriate consular post of India in Pakistan without delay of the detention of Jadhav and thereby depriving India of the right to render the assistance under the Vienna Convention to him Islamabad has breached the obligation incumbent upon it.
The Court held that Pakistan is under obligation to inform Jadhav without further delay of his rights and to provide Indian consular access to him under the Vienna Convention.
The ICJ found that Pakistan acted in breach of its obligations of Vienna Convention by not informing Jadhav of his rights under Article 36, by not informing India without delay the arrest and detention of Jadhav and by denying consular access to him to arrange for legal representation.
However, the international court rejected India`s submission that it declares the sentence handed down by Pakistan`s military court as violative of international law and the provisions of the Vienna Convention.
On the other hand, the Court also concluded that none of Pakistan`s allegations relating to abuse of rights by India justified breaches by Pakistan of its obligations under Article 36 of the Vienna Convention.
"Pakistan`s arguments in this respect must, therefore, be rejected," the Court held.
Referring to the remedies sought by India, including a declaration that the sentence of Pakistan`s military court is violative of international law and Geneva Convention, the Court considered that the breaches by Pakistan in this regard constituted "internationally wrongful acts of a continuing character."