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This is an archive article published on July 19, 2019

After India calls for action on ICJ order, Pakistan says will grant consular access to Kulbhushan Jadhav

External Affairs Minister S Jaishankar, who as Foreign Secretary had played a key role in taking the matter to the ICJ, made a statement in both Houses of Parliament where he also asked Pakistan to “release and repatriate Jadhav forthwith”.

After India calls for action on ICJ order, Pakistan says will grant consular access to Kulbhushan Jadhav After more than two years of battle at the global court, New Delhi won a legal and diplomatic victory over Islamabad Wednesday after the ICJ ruled that Pakistan must review the death sentence. (Express photo by Prashant Nadkar)

Hours after New Delhi asked Islamabad to “immediately” grant consular access to Kulbhushan Jadhav, the former Indian Navy officer whose death sentence by a Pakistan military court was suspended by the International Court of Justice a day earlier, Pakistan Thursday night announced it “will grant consular access… according to Pakistani laws, for which modalities are being worked out”.

In a press release from Islamabad, the Pakistan government’s official spokesperson also said: “Pursuant to the decision of the ICJ, Commander Kulbushan Jadhav has been informed of his rights under Article 36, Paragraph 1(b) of the Vienna Convention on Consular Relations.”

Earlier, External Affairs Minister S Jaishankar, who as Foreign Secretary had played a key role in taking the matter to the ICJ, made a statement in both Houses of Parliament where he also asked Pakistan to “release and repatriate Jadhav forthwith”.

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The official spokesperson of the Ministry of External Affairs, Raveesh Kumar, said the ICJ has said that steps have to be taken “immediately”. “Pakistan is obliged to take steps immediately. It’s time for them to act,” he said. Asked whether India will make a fresh request for consular access to Jadhav, he said nothing new will be done now as previous requests for consular access are pending with that country.

Rejecting Pakistan’s claim of a victory in the case, Kumar said Islamabad has its “own compulsions to lie” to its people.

Opinion | Pakistan’s violations of international covenants in Kulbhushan Jadhav case have come crashing down

In Islamabad, Pakistan Prime Minister Imran Khan said his country will proceed further “as per law” in the Jadhav case. In a tweet, Khan said: “Appreciate ICJ’s decision not to acquit, release and return Commander Kulbhushan Jadhav to India. He is guilty of crimes against the people of Pakistan. Pakistan shall proceed further as per law.” Pakistan Army spokesperson Major General Asif Ghafoor too said “Pakistan will follow the law”.

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kulbhushan jadhav, kulbhushan jadhav verdict, India pakistan, Kulbhushan jadhav hearing, ICJ on Kulbhushan jadhav, Pakistan on Kulbhushan  jadhav, kulbhushan death sentence, icj verdict, india pakistan kulbhushan, Hague, ICJ, Kulbhushan news, pakistan icj, international court of justice, indian naval officer case, pak indian spy, indian spy hearing (L-R) Indian Lawyer Harish Salve, Dr. V. D. Sharma and Deepak Mittal, Joint Secretaries, Indian Ministry of External Affairs at the International Court of Justice during the final hearing of the Kulbhushan Jadhav case. (REUTERS)

Pakistan’s Foreign Minister Shah Mahmood Qureshi tweeted, “Jadhav shall remain in Pakistan. He shall be treated in accordance with the laws of Pakistan”.

After more than two years of battle at the global court, New Delhi won a legal and diplomatic victory over Islamabad Wednesday after the ICJ ruled that Pakistan must review the death sentence. Jadhav was sentenced by a Pakistani military court on charges of “espionage and terrorism”.

Full text: Kulbhushan Jadhav ICJ verdict

The ICJ affirmed Jadhav’s right to consular access and slammed Pakistan for denying this. And made it clear that the death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction and sentence in the light of its breach of Article 36 of Vienna Convention on Consular Relations — that is denial of consular access and notification.

Read | After Masood Azhar blacklisting, ICJ verdict in Kulbhushan case isolates Pakistan

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kulbhushan jadhav, kulbhushan jadhav verdict, India pakistan, Kulbhushan jadhav hearing, ICJ on Kulbhushan jadhav, Pakistan on Kulbhushan  jadhav, kulbhushan death sentence, icj verdict, india pakistan kulbhushan, Hague, ICJ, Kulbhushan news, pakistan icj, international court of justice, indian naval officer case, pak indian spy, indian spy hearing S Jaishankar in Lok Sabha on Thursday. (PTI Photo)

In New Delhi, while making a statement in both houses of Parliament on the ICJ verdict, Jaishankar said, “Government has made untiring efforts in seeking his release, including through legal means in the International Court of Justice,” he said.

“Pakistan was found to have deprived India of the right to communicate with Jadhav, have access to him, visit him in detention and arrange his legal representation. Kulbhushan Jadhav is innocent of the charges made against him. His forced confession without legal representation and due process will not change this reality,” he said.

“We once again call upon Pakistan to release and repatriate him forthwith… The Government will vigorously continue its efforts to ensure his safety and wellbeing, as well as his early return to India,” Jaishankar said as members, cutting across party lines, welcomed the ICJ verdict by thumping benches.

Shubhajit Roy, Diplomatic Editor at The Indian Express, has been a journalist for more than 25 years now. Roy joined The Indian Express in October 2003 and has been reporting on foreign affairs for more than 17 years now. Based in Delhi, he has also led the National government and political bureau at The Indian Express in Delhi — a team of reporters who cover the national government and politics for the newspaper. He has got the Ramnath Goenka Journalism award for Excellence in Journalism ‘2016. He got this award for his coverage of the Holey Bakery attack in Dhaka and its aftermath. He also got the IIMCAA Award for the Journalist of the Year, 2022, (Jury’s special mention) for his coverage of the fall of Kabul in August 2021 — he was one of the few Indian journalists in Kabul and the only mainstream newspaper to have covered the Taliban’s capture of power in mid-August, 2021. ... Read More

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