What is Justice? It is basically about getting served what you deserve. The concept of justice is based on principles of impartiality, sagacity and morals which creates a sense of fearlessness among the people. Every people have the right to access fair justice. But does it really happen? Does everybody get free and fair justice? But the ground reality is quite different. People are being denied from their fundamental right on basis of various grounds like their caste, sex, religion and even on the basis of their nationality. Kulbhushan Jadhav is among one of the unlucky group of people who is distress due to the India-Pakistan relationship, presently he is fleeting through the vilest stage of his life. He is a former naval officer who was arrested in Baluchistan, Pakistan over unconfirmed charges of engrossment in espionage and rebellious events of spying as an agent of the Indian Intelligence agency, the Research and Analysis Wing (RAW). Is this what we call Justice?
Who is Kulbhushan Jadhav?
Kulbhushan Jadhav is a 49 years old retired Indian naval officer, who was arrested by Pakistan security forces on 3rd March, 2016. He was arrested over unsubstantial charges on entry into the country. But according to India’s point of view Pakistan has abducted Kulbhushan Jadhav from Iran.
In April, 2017, a Pakistani military court offered him death sentenced on the basis of the confession made by him. The video confession was declared fake and rubbish by India and condemned the Pakistan military court’s verdict. India said that after his retirement he was doing business after retiring from Indian Navy, Kulbhushan Jadhav had business interests in Iran from where Pakistan abducted him.
Request Regarding Consular Access
After death sentence being awarded to Kulbhushan Jhadav by Pak military court India demanded consular access to Kulbhushan Jhadav but Pakistan denied.India argued that this is the violation of Vienna Convention and he did not have proper representation in the trial too and added that the confession on the basis of which death sentence was awarded to him is also fake and the video is highly edited.
International Court of Justice and its Role in India– Pakistan Relation
India filed application before International of Justice at The Hague on 8th May, 2017 for Provisional Measures due Pakistan’s multiple refusal to grant consular access, detention and regarding the death penalty of Jadhav. India argued that Pakistan violated “Article 36 of the Vienna Convention on Consular Relation (VCCR) and the jurisdiction of ICJ arises as per Article 1 of the Optional Protocol”.
On 18th May, 2017 ICJ on its first part of judgment, granted a stay on Jadhav execution till the last and final call after hearing to the pleas made by India as well as Pakistan. Both the parties interpreted this differently, from India’s point of view it was a moral victory while the Pakistani Lawyer Khawar Qureshi, said it was “just a procedural order”.
Victory for India
From 18 to 21 February, 2019 Public hearings on the merit of the case. In its judgment on 17 July 2019, The Court upheld Indian’s claim by vote of 15-1 that Pakistan has violated “The Vienna Convention on Consular Relations, 1963 on several counts”.
And ICJ also added that Pakistan relook into the matter reconsider the death sentence and conviction awarded to Shri Jadhav by the Pakistan Military Court.
Conclusion
In the present case ICJ first examined the jurisdiction and then looked upon the matter effectively. The ICJ, in this matter of Shri Jadhav being “prima facie” contented about the merits of incident and the accessibility of jurisdiction as per Article 36 of the ICJ statute over the dispute and granted consular access in the case and also instructed Pakistan to look upon Jadhav’s death sentence again.
But the verdict of “The ICJ and international tribunals lug a bequest of non-binding in nature”. Many countries have overlooked The ICJ’s judgments. Furthermore, on 29th March, 2017, Pakistan’s Permanent Representative to the United Nations (UN), succumbed assertion to the office of the UN concerning the newfangled spot adopted by the country near the ICJ. Under the new Declaration, Pakistan, while identifying the ICJ’s jurisdiction, elucidated, “Provided this Declaration shall not apply to: all the matters related to the national security of the Islamic Republic of Pakistan”.
This article is authored by Nisha Pasari, Student of B.B.A-LL.B at Banasthali Vidyapith, Jaipur.
Also Read – International Court of Justice – Strong or Weak? (Reference with Kulbhushan Jadhav Case)
