Pak Has Failed to Provide Unimpeded Access in Jadhav Case: MEA

While accusing Pakistan on Friday, 14 August, Ministry of External Affairs Spokesperson Anurag Srivastava said that it had failed to provide unimpeded consular access to Kulbhushan Jadhav, ANI reported. Jadhav is an ex-Indian Navy officer, who is presently on death row in Pakistan for alleged involvement in espionage.

In a virtual media briefing, the MEA spokesperson said, “Pakistan has consistently failed to address the core issues in the implementation of International Court of Justice (ICJ) judgement in Kulbhushan Jadhav case in its letter and spirit. These issues pertain to the provision of relevant documents as well as providing unimpeded consular access to Kulbhushan.”

While hearing a petition on appointing a lawyer for Indian national Kulbhushan Jadhav, the Islamabad High Court on 3 August had said that Indian officials should be given an opportunity to present their stance. The hearing had been adjourned till 3 September.

After the government’s proposed ordinance to facilitate Kulbhushan Jadhav file a review plea against his death sentence, the Islamabad High Court had constituted a bench to hear the plea submitted by the federal government.

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Also, in July, the MEA had alleged that Pakistan had blocked all avenues for effective remedy in the Kulbhushan Jadhav case.

“Pakistan has completely failed to provide the remedy as directed by the ICJ and India reserves its position in the matter, including its rights to avail further remedies,” MEA spokesperson Anurag Srivastava had reportedly said.

THE 2019 ICJ JUDGEMENT

Pakistan violated its obligations under the Vienna Convention in the case of Indian national Kulbhushan Jadhav, ICJ President Judge Abduylqawi Yusuf had told the UN General Assembly in 2019.

In a major victory for India, the ICJ had then ruled that Pakistan must review the death sentence awarded to Jadhav. India had then argued that consular access was being denied to its national in violation of the 1963 Vienna Convention on Consular Relations.

Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. India said that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.