India- What can happen to Kulbhushan Jadhav now?


(MENAFN- NewsBytes) What can happen to Kulbhushan Jadhav now?

At the end of the second ICJ hearing over Kulbhushan Jadhav's case, India was relieved after Pakistan said there was a 150-day clemency period before Jadhav's execution.

Pakistan added that Jadhav could appeal his case for mercy before an Army panel.

However, India demanded appropriate legal representation for Jadhav.

The judge adjourned the hearing, but did not give a time-frame for the next hearing.

Timeline About: Who is Kulbhushan Jadhav?

Kulbhushan Sudhir Jadhav, a Mumbai native is believed to be a Research and Analysis Wing (R&AW) agent. A Lieutenant Colonel in the Indian Navy, he is said to have sought retirement in 2013 to start his own business.

At the time of his arrest at the Iran-Pakistan border in March 2016, he held an Indian passport in the name of Hussein Mubarak Patel.

ICJ: Kulbhushan Jadhav sentenced to death, ICJ intervenes

A Pakistani military court had sentenced Kulbhushan Jadhav to death after he allegedly confessed to being an Indian spy.

India took up the matter with the International Court of Justice, arguing that Pakistan denied India consular access to Jadhav, and hence violated Article 36 of the Vienna convention.

The court ordered a temporary halt to the sentence, so ICJ proceedings could continue.

16 May 2017: India, Pak face-off at ICJ over Kulbhushan Jadhav

At the second ICJ hearing, India sought immediate suspension of Jadhav's death sentence, fearing that Pakistan could execute him before the ICJ pronounces its verdict.

Harish Salve, appearing for India argued that Jadhav was kidnapped from Iran, and due process was not followed in his military trial.

He added that Pakistan's argument of non-cooperation from India in the case was a lie.

Pakistan: What were Pakistan's arguments?

Pakistan argued that India refused to give Jadhav's citizenship details and initiate a request for consular access.

They added that India also refused to give details of the 13 people Jadhav "confessed" to being in touch with.

Pakistan added that they had Jadhav's passport with a Muslim name, and India was unable to explain why he had a different name on his passport.

Vienna Convention: Did Pakistan violate the Vienna Convention? PC: .cls-2{fill:#9c9c9c;}

The Vienna Convention refers to international laws that govern interactions between countries.

The Kulbhushan Jadhav case relates to the Vienna Convention on Consular Access, which defines rules of treating prisoners of other countries.

Under Article 36, the treaty mandates that "when a national of a foreign country is arrested...the detainee has the right to regular consultation with consular officials during detention and any trial."

Fact: India: Vienna Convention contravened

Harish Salve argued that Pakistan denied consular access to Jadhav 16 times. He said that this amounted to a direct contravention of Article 36 of the Vienna Convention on Consular Access.

Pakistan's excuse: Consular access: Pakistan's excuse

In 2008, India and Pakistan signed a bilateral agreement over handling of political prisoners and consular access.

Under the terms of the agreement, prisoners who were apprehended for security reasons need not be given consular access.

Bilateral agreements supersede the authority of international agreements and jurisdiction.

However, India argued that since the agreement was not submitted to the UN, it's invalid.

Fact: Salve argues case for just Re. 1

External Affairs Minister Sushma Swaraj took to Twitter, stating that lawyer Harish Salve fought India's case in the ICJ for just Re. 1. Swaraj was responding to allegations that India could have got better legal representation for a lower price than what Salve usually quotes.

16 May 2017: What can happen to Kulbhushan Jadhav now?

At the end of the second ICJ hearing over Kulbhushan Jadhav's case, India was relieved after Pakistan said there was a 150-day clemency period before Jadhav's execution.

Pakistan added that Jadhav could appeal his case for mercy before an Army panel.

However, India demanded appropriate legal representation for Jadhav.

The judge adjourned the hearing, but did not give a time-frame for the next hearing.

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