Kulbhushan Jadhav case: D-Day for India as New Delhi and Islamabad to battle at ICJ after 18 years

The International Court of Justice (ICJ) will be holding public hearings in the Indian national Kulbhushan Jadhav case today.

The International Court of Justice (ICJ) was last a battleground for India and Pakistan nearly 18 years ago when Islamabad sought its intervention over the shooting down of its naval aircraft.

On Monday, the ICJ, which is the UN’s principal judicial organ, is holding a public hearing at the Great Hall of Justice housed in the Peace Palace at The Hague in Netherlands where the two countries will be asked to present their case over the contentious Jadhav issue.

India on May 8 moved a petition before the U.N. body to seek justice for Kulbhushan Jadhav, 46, alleging violation of the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access to the former naval officer was consistently denied.

A Pakistani military court awarded death sentence to Jadhav last month for alleged espionage and subversive activities. Pakistan has also not responded to the request for visas applied by Jadhav’s family. Jadhav was arrested on March 3 last year.

India earlier contended that it was not informed of Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights, an official release from the ICJ said.

India further said that, in violation of the Vienna Convention, the authorities of Pakistan were denying it its right of consular access to Jadhav, despite its repeated requests. It’s also pointed out that India learned about the “death sentence against Jadhav from a press release.”

India submitted that it had information that Jadhav was “kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan” on March 3, 2016, and that the Indian authorities were notified of that arrest on March 25, 2016.

India also asked the ICJ to declare the decision illegal being violative of international law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith, if Pakistan is unable to annul the decision.

Pakistan had claimed that Jadhav was arrested from the Baluchistan province last year. A military court sentenced him to death, alleging he was involved in espionage and anti-national activities. Pakistan also claimed that he was “a serving officer in the Indian Navy.”

India out rightly denied the claims, saying Jadhav was kidnapped from Iran where he was running a business, and adding he was a retired Navy officer.

Pakistan has turned down 16 requests from India for consular access to Jadhav.

Jadhav was sentenced to death by the Field General Court Martial (FGCM) last month for his alleged involvement in espionage and sabotage activities against Pakistan.