Published 18:56 IST, September 2nd 2019
Kulbhushan Jadhav case: India to get access, tells Pak 'abide by ICJ'
India has accepted the offer of consular access to Kulbhushan Jadhav and Indian Charge d' Affaires Gaurav Ahluwalia will meet him on Monday, as per sources
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As Pakistan offered consular access to Kulbhushan Jadhav on Monday, India has accepted the offer and Indian Charge d' Affaires Gaurav Ahluwalia will be meeting Jadhav, as per sources. The fresh development comes after India rejected the offer of consular access the last time after ICJ judgement. It has also come at a time when the relation between India and Pakistan are strained after the abrogation of Article 370 by Indian Parliament and Pakistan's unacceptance towards it. However, as per the ICJ judgement in July this year, Pakistan was mandated to provide consular access to India as per the Vienna convention. "India hopes that Pakistan will ensure right atmosphere so that the meeting is free, fair, meaningful and effective in keeping with the letter and spirit of the ICJ orders," government sources stated.
Pakistan provides consular access
Pakistan on Sunday said it will grant consular access to Kulbhushan Jadhav, who is on death row in the country, on Monday "in line with the ICJ judgement". The announcement came nearly six months after a meeting between Indian officials and Kulbhushan Jadhav did not materialise amid differences between New Delhi and Islamabad on the terms of the consular access to the retired Indian navy officer. Kulbhushan Jadhav, 49, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" in April 2017. Following which India had moved the International Court of Justice (ICJ), seeking a stay on his death sentence and further remedies.
"Consular access for Indian spy Commander Kulbhushan Jadhav, a serving Indian naval officer and RAW operative, is being provided on Monday 2 September 2019, in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan," Foreign Office Spokesman Mohammad Faisal tweeted. "Commander Jadhav remains in Pakistan's custody, for espionage, terrorism and sabotage," he added.
Earlier, addressing a weekly media briefing on Thursday, Faisal said that Pakistan and India were in contact on the "issue of granting consular access" to Kulbhushan Jadhav. On the same day, India said it had asked for "immediate, effective and unhindered" consular access to Kulbhushan Jadhav from Pakistan. MEA also said that it was in touch with the neighbouring country through diplomatic channels. However, Faisal's tweets on Sunday doesn't say if the consular access is unhindered as demanded by India.
On August 1, Pakistan Foreign Office said the retired Indian Navy officer on death row will be granted consular access the next day. However, the meeting, which was scheduled for 3 pm on August 2, did not materialise amid differences between India and Pakistan on the terms of the consular access to Kulbhushan Jadhav.
India wins at ICJ in the Kulbhushan Jadhav case
The court gave a unanimous decision in favour of India. ICJ in its judgement called out Pakistan for violating the Vienna Convention. It verified the legality of India approaching the court in the matter and reaffirmed its jurisdiction in the case. It declared that Pakistan breached Vienna Convention by not informing India about Jadhav's detention. It ordered Pakistan to provid India consular access to Jadhav. It also said that Pakistan must review and reconsider its conviction of the sentence of Jadhav and declared a continued stay on the execution of Jadhav.
10:28 IST, September 2nd 2019