In a major diplomatic victory for India, the International Court of Justice on Wednesday held Pakistan guilty of violating Vienna Convention in Kulbhushan Jadhav's case and suspended the death sentence awarded to Jadhav by a Pakistani military court in 2017.
ICJ Judge Abdulqawi Ahmed Yusuf read the court’s decision in Jadhav's case and ordered Islamabad to stay his death sentence till Pakistan reviews the trial. The ICJ order means that even as the death sentence remains suspended 'until Pakistan effectively reviews and reconsiders the conviction/sentence'. The ICJ in Hague has also ordered Pakistan to grant consular access to Jadhav.
The ICJ also observed that the death sentence awarded to Jadhav should remain suspended until Pakistan effectively reviews and reconsiders the sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification. However, India's remedies in the case, including annulment of the military court decision and Jadhav's return to India, have been rejected by the UN Court.
Former minister of external affairs Sushma Swaraj has welcomed the ICJ's verdict and has termed it a victory for India. Swaraj also thanked Prime Minister Narendra Modi and said that it is a great victory for India.
I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India. /1
— Sushma Swaraj (@SushmaSwaraj) July 17, 2019
The ICJ also observed that Pakistan has deprived India of the right to communicate with Jadhav by denying consular access to New Delhi and it also did not arrange for his legal representation. The court said Pakistan has breached obligations incumbent upon it under Vienna Convention on Consular Relations.