The International Court of Justice in big ruling against Pakistan ruled that it must make an ‘effective review and reconsideration’ of the conviction and death sentence of Indian national Kulbhushan Jadhav and grant him consular access, in a victory for India in the high-profile case.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of ‘espionage and terrorism’ after a closed trial in April 2017.
His sentencing evoked a sharp reaction in India.
A 16-member bench led by President of the Court Judge Abdulqawi Ahmed Yusuf by 15-1 votes ordered an ‘effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav’.
Recalling that it had directed Pakistan to take all measures at its disposal to ensure that Jadhav is not executed pending the final decision in the case, the bench said it considers that ‘a continued stay of execution constitutes an indispensable condition for the effective review’ of the sentence of Jadhav.
The bench, however, rejected most of the remedies sought by India, including annulment of the military court’s decision convicting Jadhav, his release and safe passage to India.
The bench ruled by 15 votes to 1 that Pakistan ‘deprived the Republic of India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation’.