In its judgement on Wednesday, the ICJ also asked Islamabad to give New Delhi consular access to Jadhav. The judgement came following India’s May 2017 application to the court challenging the arrest, detention and trial of its national. New Delhi contended that there had been a breach of the Vienna Convention by failing to inform Jadhav of his rights under the convention, denying access to Jadhav for its consular officers. It argued that the entire trial and sentencing by the Pakistani military court was based on a “confession taken under custody” and without adequate legal representation.
The ICJ rejected the objections of Pakistan to the admissibility of India’s application and ruled by a majority of 15 votes to one, that by not informing Jadhav “without delay of his rights under Article 36, paragraph 1(b) of the Vienna Convention on Consular Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that provision”.
The court, however, did not accept India’s request for an annulment of the death sentence handed out by Pakistan’s military court and to release Jadhav and facilitate his safe passage to India.
New Delhi has expressed satisfaction at the judgement. Indian Defence Minister Rajnath Singh and Federal Minister of Road Transport and Highways Nitin Gadkari termed it “a big victory for India”.
It's a big diplomatic win for India. I Congratulate our Prime Minister Shri @narendramodi ji, Former EAM @SushmaSwaraj ji, and Senior Advocate Harish Salve for their tireless efforts in the matter of Mr. Kulbhudhan Jadhav. @harishsalvee #KulbhushanJadhav— Nitin Gadkari (@nitin_gadkari) July 17, 2019
Former External Affairs Minister of India Sushma Swaraj welcomed the verdict and said: “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
On the other hand, Islamabad has also welcomed the verdict, with Pakistan’s federal minister for science and technology calling the ICJ judgement “a great outcome.”
Apparently news reports from Hague suggests that not only Indian case for acquittal,release,return stands rejected but apparently Int Court also upheld Jurisdiction of Mily Court in #Kalbhushan case,Indeed a great outcome, Congs to Pak legal team for putting up great fight— Ch Fawad Hussain (@fawadchaudhry) July 17, 2019