Consular access to Pakistan, Kulbhushan Jadhav, bending ahead of India

Consular access to Pakistan, Kulbhushan Jadhav

After the defeat of the International Court ( ICJ ) in Kulbhushan Jadhav case, Pakistan has taken a big decision. Pakistan has decided to give consular access to Indian citizen Kulbhushan Jadhav.

According to the Pakistani media report, Kulbhushan Jadhav has been given consular access, tomorrow Indian officials can get it. Jadhav, lodged in a Pakistani jail, has been sentenced to death by a military court after allegations of espionage.

According to Pakistan Foreign Ministry spokesman, in the judgment of the International Court of Justice, Pakistan was asked to inform Jadhav about their rights immediately under Article 36 and to provide consular access to India. The spokesperson said that in this regard, Pakistan is awaiting Indian response and formally informs the Indian High Commission. In its decision, the ICJ asked Pakistan to ‘rethink the effective review of its punishment and punishment’.

India approves Pakistan’s proposal

Let us say that India has expressed happiness on the decision taken by Kulbhushan Jadhav on behalf of Pakistan. Foreign Ministry spokesman Ravish Kumar tweeted that we had received a proposal from Pakistan. We are evaluating the proposal in light of ICJ’s decision. We will maintain a dialogue with Pakistan in this matter through diplomatic channels.

Let us know that on July 17 last year, the International Court had heard in the case of Kulbhushan Jadhav. The Bench of 16 judges had heard a 15-1 verdict in favor of Jadhav. ICJ had asked Jadhav to provide consular access to Pakistan, with immediate effect on the execution of Kulbhushan Jadhav.

ICJ also said that Pakistan violated the Vienna Treaty. Therefore, reconsider your decision and the matter will start again. It is known that the military court of Pakistan had sentenced Jadhav to death in April 2017 for spreading terrorism and hanging on the charge of espionage. India filed an objection to it and approached the International Court. ICJ President Judge Abdulkawi Ahmed Yousuf said while reading the verdict that Pakistan has effectively reviewed and reconstituted its decision.

The case was going on for nearly two years. After hearing the arguments presented by both parties in February this year, the court had reserved its decision.

What is consular access?
Article 36 (1) (b) of the Vienna Treaty, set out for the prisoners of war and foreign citizens, has said that if a citizen of a country is arrested in another country, the country of arrest will have to comply with certain mandatory conditions.

Its provisions are like this:
The country that has been arrested will have to give information to the accused person’s country without delay.
The arresting country must give information to the accused person’s embassy or the High Commission that he has arrested the citizen of that country.
Article 36 (1) (c) of the treaty states that the accused person’s countrymen will have the right to travel in the country for arresting them. Not only that, there is also provision for meeting them and getting any legal help from them.