Kulbhushan Jadhav Case [UPSC Notes]

Kulbhushan Jadhav is an ex-Indian Naval officer who is undergoing imprisonment in a Pakistani jail on charges of espionage. The Kulbhushan Jadhav case is important for the UPSC IAS Exam as it has ramifications for India – Pakistan relations.

Kulbhushan Jadhav Case Background

Jadhav was allegedly arrested by Pakistani forces on 3rd March 2016 in Balochistan, Pakistan, but Indian foreign office on 10th April 2017 alleged that Kulbushan Jadhav was kidnapped from Iran a year before, and there was no concrete proof of his arrest in Pakistan.

• Thereafter, death sentence was pronounced to him by the military court of Pakistan on the charges of spying and terrorism. 
• However, the Indian government in categorical terms maintained that they had no link with Jadhav as he had taken premature retirement from the navy. 
• The Indian Government had sought consular access to Jadhav sixteen times which was denied by Pakistan.

Kulbhushan Jadhav Case Developments

On 10th April 2017, the military court of Pakistan (Field Martial Court) sentenced death penalty to Jadhav and allegedly, neither did he get a fair trail nor was given proper legal representation. 

• The whole case was based on the alleged confession video released by the Pakistani establishment. 
• Jadhav’s whole trial in the case was only  for three and a half months.
• Death sentence was confirmed by the Pakistan Army Chief.
• The Indian Government on 14th April 2017 sought certified copy of the charge sheet and judgment in the case and also consular access (which was denied). 
• India, being aggrieved by the verdict of the Pakistani Military Court, challenged the same before the International Court of Justice.
• The Indian Government treated the trial as farcical and said India will treat the execution as first degree murder.
• The Indian Government through Senior Advocate Harish Salve approached the International Court of Justice (ICJ).

ICJ on Jadhav Case

In May 2017, the International Court of Justice was approached by the Government of India.

• The ICJ was approached under Article 36, paragraph 1 of the Statute of the ICJ, and Article 1 of the Optional Protocol to the Vienna Convention on Consular Relations Concerning the compulsory settlement of Disputes (Optional Protocol) alleging violations of the VCCR by Pakistan.
• The contention of India was that the denial of consular access to the accused was in violation of Vienna Conventions.
• Many other legal questions were formulated, and had to be answered by the International Court of Justice.
• The ICJ started hearing on the matter in May 2017 and Jadhav’s execution was stayed.
• Pakistan was not allowed by the International Court of Justice to play the confessional video. 

Read more on the International Court of Justice in the linked article.

Kulbhushan Jadhav Case ICJ Verdict

In July 2019 the ICJ ruled in favour of India by a majority of 15:1

• The International Court of Justice held that Pakistan had violated the Vienna Convention on Diplomatic Relations.
• Pakistan was directed to provide consular access to Kulbushan Jadhav.
• Pakistan was held guilty of not accepting the provisions of optional protocol, 1969 as well.
• The International Court of Justice rejected the contention of Pakistan that India did not lend any help in criminal investigations against Kulbushan Jadhav and also that India denied Jadhav as their citizen and therefore, the right to consular access is out of question. 
• ICJ held that there was enough material on record to prove that Pakistan was aware of Jadhav’s nationality and time and again they have used the term ‘Indian Spy.’
• The judgement of the International Court of Justice is a landmark and great diplomatic victory for India, and has significance in international law.
• Pakistan’s Parliament in its joint sitting enacted a law, the International Court of Justice (Review and Reconsideration) Act, 2021 to give death row prisoner Kulbhushan Jadhav the right to file a review appeal against his conviction by the military court.

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