Violation of ICJ orders could result in sanctions against Pakistan: Salve

External Affairs Minister’s statement in the Parliament regarding Kulbhushan Jadhav
July 18, 2019

Chairman/Speaker Sir,

I rise to apprise the House of certain important developments that have taken place pertaining to Shri Kulbhushan Jadhav, an Indian citizen held in the illegal custody of Pakistan.

2. The House will recall that Shri Jadhav was awarded a death sentence by a Pakistani military court on fabricated charges. This was done without providing Indian representatives consular access to him, as envisaged by international law and diplomatic practice. We made it clear even at that time that India would view very seriously the possibility that an innocent Indian citizen could face death sentence in Pakistan without due process, and in violation of basic norms of law and justice. To ensure Shri Jadhav’s well-being and safety and to secure his release, the House is aware that we approached the International Court of Justice to seek appropriate relief. That body stayed the execution of the death sentence as a provisional measure. The matter was thereafter taken up in the ICJ for more permanent relief.

The International Court of Justice delivered its judgement on the Jadhav case yesterday, 17 July 2019. Significantly, the Court unanimously found that it had jurisdiction on the matter and by a vote of 15-1, pronounced on the other key aspects of the case. The sole dissenting Judge was from Pakistan.
The Court pronounced that Pakistan had breached relevant obligations under the Vienna Convention on Consular Relations. It did so by not notifying India, without delay, of the detention of Shri Jadhav, thereby depriving us of the right to render consular assistance. Pakistan was also found to have deprived India of the right to communicate with Shri Jadhav, have access to him, visit him in detention and arrange his legal representation. The Court declared that Pakistan is under an obligation to inform Shri Jadhav without further delay of his rights and to provide India consular access to him.

 It stated that the appropriate reparation in this case was for Pakistan to provide, by means of its own choosing, review and reconsideration of the conviction and sentence of Shri Jadhav. It bears noting that the Court has re-emphasized that the review and reconsideration of the conviction and sentence must be effective.
 A continued stay of execution, in the judgement of the Court, constitutes an indispensable condition for the process of effective review and reconsideration.
. Sir, in 2017, Government made a commitment on the Floor of the House to undertake all steps necessary to protect the interests and welfare of Shri Jadhav. Government has made untiring efforts in seeking his release, including through legal means in the International Court of Justice. I am sure the House will join me in appreciating the efforts of all those involved, especially the legal team led by Shri Harish Salve. Yesterday’s judgement is not only a vindication for India and Shri Jadhav, but for all those who believe in the rule of law and the sanctity of international conventions. 

The House, I am sure, joins me in welcoming this landmark judgement. The sentiments I express on this matter are those of the entire House – indeed, of the entire nation.
 Sir, Shri Kulbhushan Jadhav is innocent of the charges levelled against him. No forced confession, that too without legal representation and due process, will change this fact. We once again call upon Pakistan to release and repatriate him forthwith.

I am confident that the House will join me in expressing its strongest solidarity with Shri Jadhav’s family. They have shown exemplary courage in difficult circumstances. I can assure that the Government will vigorously continue its efforts to ensure Shri Jadhav’s safety and well-being, as well as his early return to India.

New Delhi

July 18, 2019

Violation of ICJ orders could result in sanctions against Pakistan: Harish Salve

London, Jul 17 Senior Counsel Harish Salve, who represented India and Kulbhushan Jadhav in the International Court of Justice at The Hague, on Wednesday welcomed the 15-1 verdict of the court and said if Pakistan violates the directives, Islamabad can even attract sanctions.

He also said there are "fantastic lawyers" in Pakistan, who will take up the cause of Jadhav, on whom the Pakistani military court had served the death sentence but the verdict of the 'farcical' process was suspended by the ICJ earlier in the day.

"Consular access has to be given, if it is not given, we can go back to the ICJ. If the country brazenly defies the ICJ edict, there are other provisions including sanctions," Mr Salve told reporters here.

He welcomed the ICJ order and said Pakistan has to do everything to implement Vienna Convention and also take necessary "legislative measures".Answering questions, Mr Salve maintained that the ICJ order makes it clear that he cannot be 'tortured'. He said if the trial is not fair, "we can go back to the ICJ".

"We expect Pakistan to do whatever it has to do including appropriate legislative measures to guarantee a fair trial. So Pakistan's conduct is under watch and if what they do is another farcical attempt, we will be back in the Court," the attorney said.

To a question, he said, while he cannot represent Jadhav in a Pakistani court, - he was sure that -- "....there are fantastic lawyers in Pakistan, who will take up his (Jadhav's) cause". 
"Personally, as a lawyer, I am delighted that the court has upheld our argument," he said. 

Mr Salve also said that he has "degree of personal satisfaction" that a lot of adjectives were used by Pakistan, even in replying at court I characterise them as unfortunate. I said it's my upbringing and India's tradition which stood in my way of replying to them in that language". 

On denial of India's request for annulment of the verdict of the Pak military court, he said, "We had ambitiously asked for annulment, the court said no.....but they have said Pakistan has to do everything to make Vienna Convention a reality".

Death sentence of Jadhav on hold: ICJ directs Pak to review conviction

The Hague,  Jul 17 Marking a major victory in India’s quest for justice for former Navy official Kulbhushan Jadhav, jailed in Pakistan since March 2016 on charges of spying, the International Court of Justice (ICJ) on Wednesday suspended his death sentence and granted consular access to him.


The world court, in its verdict which was 15 to one in favour of India, said the death sentence awarded to Jadhav will remain on hold until Islamabad ``effectively reviews and reconsiders’’ the conviction by a Pakistani military court.



The ICJ held that Pakistan had breached Art 36 (1) of Vienna Convention by denying consular access to him.  ``Jadhav’s death sentence should remain suspended until Pakistan effectively reviews and reconsiders the conviction or sentence in light of Pakistan’s breach of Article 36 (1), that is, denial of consular access and notification.’’



The ICJ, however, rejected remedies sought by India, including annulment of the military court’s conviction, his release and safe passage to India.



The verdict was read out on Wednesday evening at Peace Palace, The Hague in Netherlands by the President of the UN judicial organ judge Abdulqawi Ahmed Yusuf.

With the ICJ verdict, India’s legal battle for seeking justice for Jadhav managed to provide some relief in getting consular access which was repeatedly denied by Pakistan.



Former External Affairs Minister and senior BJP leader Sushma Swaraj welcomed the verdict of the ICJ, saying it was a ``great victory for India.’’


``I thank the Prime Minister Shri @narendramodi for our initiative to take Jadhav's case before International Court of Justice. I thank Mr. Harish Salve for presenting India's case before ICJ very effectively and successfully,’’ she said in a tweet.

The Congress party in its official Twitter handle said: "We welcome the ruling by the ICJ in the Kulbhushan Jadhav case. This is a big win for India".



Senior Congress leader and former Union Home Minister P Chidambaram said in a tweet: "ICJ delivers `justice’ in the true sense of that word, upholding human rights, due procedure and the rule of law. A 15:1 verdict is actually a unanimous verdict.’’



Jadhav, 49, was allegedly arrested on March 3, 2016 by Pakistan and India was informed later on March 25. Pakistan has claimed that Jadhav was a serving Indian Navy officer and was a spy, India has stoutly denied this by asserting that Jadhav was a former navy officer doing business in Iran’s Chabahar port and was kidnapped by Pakistani agents. His military trial took place and he was sentenced to death on charges of espionage and terrorism in April 2017.

India first approached the ICJ on May 8, 2017, over Pakistan’s violation of provisions of the Vienna Convention on Consular Relations, 1963 by repeatedly denying it consular access to Jadhav.


India’s pleadings, made before ICJ by senior advocate Harish Salve, focused on the fact that the Jadhav trial was held in a military court which was only quasi-judicial and hence lacked internationally recognized procedures and Pakistan violated the Vienna convention on consular access.

Apart from asking that the ICJ direct Pakistan ``to release the convicted Indian national forthwith’’, India had also asked for his safe passage. 

Timeline in ICJ Case on Kulbhushan Jadhav

The Hague, Jul 17 (UNI)  Here is the Timeline in the ICJ Case between India and Pakistan on
Kulbhushan Jadhav:

- March 3, 2016 - Jadhav 'arrested' by Pakistan

- March 25, 2016 Foreign Secretary of Pakistan informs Indian High Commissioner in Islamabad of the "arrest". 

8 May 2017 - India instituted proceedings in the International Court of Justice against Pakistan for egregious violation of the Vienna Convention on Consular Relations, 1963
- India asked ICJ to issue ‘Provisional Measures’;
- India asked Court to issue immediate instructions to Pakistan to not take any action on the sentence
awarded to Jadhav till India’s request for Provisional Measures was considered.

- May 9, 2017 Court sent an urgent communication to the PM of Pakistan, and called upon Pakistan, to act in such a way, pending Court’s decision on India’s Request for Provisional Measures (stay order) as will enable any Order the Court may make on this Request to have its appropriate effects.

- 15 May, 2017 ICJ heard India’s request for Provisional Measures 
- 18 May 2017 ICJ unanimously issued a binding order indicating 

Provisional Measures asked by India to take all measures to prevent execution of Jadhav pending final judgment of the Court.

- 13 Sept 2017 India filed its Memorial (first round of written pleadings)
- 13 Dec 2017 Pakistan filed its Counter Memorial (first written pleadings)

- 19 Dec 2017 India sought 3 months to file Reply (second pleadings)
- 5 Jan 2018 Pakistan opposed India’s request
- 17 Jan 2018 Court accepted India’s request and gives time of three months each to India and Pakistan to file second round of written pleadings

- 17 April 2018 India filed its Reply in the Court (2nd round of written pleadings)

- 17 July 2018 Pakistan filed its Rejoinder (second round of written pleadings)

- Feb 18-21 2019 Final Oral Hearings in the ICJ 

- 17 July,  2019 Judgment by the ICJ:  Jadhav's death sentence suspended, safe passage to India rejected