Published 09:51 IST, July 17th 2019
ICJ to deliver Kulbhushan Jadhav verdict. Here's all you need to know about the high-profile case
All eyes on Wednesday are on the International Court of Justice (ICJ) which is set to deliver the verdict in the Kulbhushan Jadhav case on Wednesday. The proceedings will take place at 3 pm (6.30 pm IST) at the Peace Palace in The Hague, Netherlands, and the verdict will be pronounced by top judge Abdulqawi Ahmed Yusuf.
All eyes on Wednesday are on the International Court of Justice (ICJ) which is set to deliver the verdict in the Kulbhushan Jadhav case on Wednesday. The proceedings will take place at 3 pm (6.30 pm IST) at the Peace Palace in The Hague, Netherlands, and the verdict will be pronounced by top judge Abdulqawi Ahmed Yusuf.
PAKISTAN'S SHAM INCARCERATION AND TRIAL OF KULBHUSHAN JADHAV:
The verdict comes over three years after forty-nine-year-old retired Indian Navy Officer Kulbhushan Jadhav, working as a privateer, was kidnapped by Pakistan from Iran, and then subsequently, sentenced to death by Pakistan military court on "espionage and terrorism" charges after a closed and sham trial in April 2017.
Later on 8 May 2017, India instituted proceedings in the ICJ against egregious violations by Pakistan of the Vienna Convention on Consular Relations, 1963 in the matter of his arrest, detention and trial, which led to the sentence being stayed.
Earlier in February, a four-day public hearing took place amid the tensions between India and Pakistan in the aftermath of Pulwama terror attack perpetrated by Pakistan-based JeM outfit in which 40 CRPF soldiers were martyred on February 14. During the hearing, India's counsel Harish Salve not only questioned the functioning of Pakistan's military courts over breach of Vienna Convention on consular access, but he also requested the top UN court to annul Jadhav's death sentence. In his submission, Pakistan's counsel Khawar Qureshi demanded India's claim for relief in the matter to be dismissed or declared inadmissible.
In the Kulbhushan Jadhav case, Pakistan has been claiming that its military arrested Jadhav from Balochistan province on March 3, 2016, even as India has maintained that the retired Indian Navy Officer was kidnapped from Iran where he was having business projects after his retirement. Pakistan has on multiple occasions shared heavily edited 'confession' videos of Jadhav, where the edits are evident and so is the scripted nature of what Kulbhushan Jadhav is saying.
In an exclusive interview to Republic TV earlier in February, India's counsel in the case, senior lawyer Harish Salve praised the efforts shown by his country's government in its fight to provide justice to Kulbhushan Jadhav.
READ | WATCH THIS: Republic TV Confronts Pakistan's Representatives At ICJ In Kulbhushan Jadhav Case
INDIA'S STAND AGAINST PAKISTAN:
India has highlighted before the International Court of Justice that Pakistan has violated numerous international treaties, conventions and obligations including the Vienna Convention and International Covenant of Civil and Political Rights. It has also pointed out that Pakistan's infamous kangaroo military courts flouted numerous key principles of justice, including violating Jadhav's right to a legal counsel of his choice, and the fact that the confession was taken in custody and under duress. Pakistan's stand that the ICJ had no jurisdiction in the matter was also overruled by the ICJ.
India has also maintained that Pakistan using the Kulbhushan Jadhav matter as a means to blame India for its problems in Balochistan. Iran has also spoken of Pakistan-sponsored terrorist activities along the Iran-Pakistan border.
PAKISTAN'S SHOCKING CONDUCT WHEN JADHAV'S FAMILY TRAVELLED TO SEE HIM:
Pakistan allowed Kulbhushan Jadhav's family - his mother and sister - to meet him at the Pakistan Foreign Ministry in Islamabad for 45 minutes. The meeting took place in a controlled environment with a Pakistan official present and a glass screen separating Jadhav from his family. The family was subjected to humiliating treatment including the removal of their footwear and mangalsutras, and were made to wait an inordinately long time before exiting the premises in a move clearly meant at showcasing Pakistan's 'humanitarian' gesture.
TIMELINE OF THE CASE:
March 3, 2016: Kulbhushan Jadhav is arrested.
March 24, 2016: Pakistan claims Jadhav is an Indian spy, India rejects the claim and over the following week, demands consular access, which it did again on several occasions subsequently.
April 10, 2017: A Pakistani Army court sentences Jadhav to death for "for his involvement in espionage and sabotage activities against Pakistan". India warns Islamabad that it is a case of "premeditated murder". The next day, External Affairs Minister Sushma Swaraj made statements in both the Houses of Parliament, asserting that India will go "out of way" to ensure justice to Jadhav who is an "innocent kidnapped Indian". India then demanded from Pakistan a certified copy of the chargesheet as well as the judgement in the death sentence of Jadhav and seeks consular access to him.
May 8, 2017: India instituted proceedings in the ICJ against Pakistan's violation of the Vienna Convention on Consular Relations, 1963. It asked ICJ to issue provisional measures and issuing immediate instructions to Pakistan to not take any action on the sentence awarded to Jadhav till India's request for Provisional Measures was considered.
May 9, 2017: ICJ called upon Pakistan to act in a way over the pending decision on India's request for Provisional Measures
May 15, 2017: ICJ heard India's request for Provisional Measures
May 18, 2017: ICJ unanimously issued abiding order indicating Provisional Measures requested by India seeking measures to prevent the execution of Jadhav until the final judgment of the Court.
September 13, 2017: India filed its first-round written pleadings
December 13, 2017: Pakistan filed its Counter pleadings
December 19, 2017: India sought 3 months to file second reply
January 5, 2018: Pakistan opposed India's request
January 17 2018: Court accepted India's request and grants three months time each to India and Pakistan to file second round of reply
April 17, 2018: India filed its second reply in the ICJ
July 17, 2018: Pakistan filed its second round of reply
February 18-21, 2019: Final Oral hearings in the case in ICJ
July 17, 2019: Judgement in the case in ICJ
Updated 11:18 IST, July 17th 2019