INTRODUCTION / BACKGROUND

Kulbhushan Jadhav was arrested unlawfully enter in Pakistan march 2016. Recovered a passport

by the name of Hussain Patel. In the month of march 2016, important information in public view

by kulbhushan jadhav. January 2017, Pakistan write a letter to india about his agent and request

for assistance in investigation and also attached copy of kulbhushan passport which was used by

the name of Hussain Patel. By the investigation report and also other investigation essential

materials provided to India by the letter. But India did not response the letter. And then this

matter run in the Pakistan military court. In April 2017, by the numerous hearings of case, there

was a sentence to death punishment to kulbhushan by the Pakistan military court. After that,

Chief of Army staff Pakistan General Qamar Javed Bajwa extend his punishment.

May 2017, this matter went to International court of justice by India and filed appeal against

execution. In the month of May, first hearing was comes out against this matter in ICJ. In the

month of May, ICJ issuing interim order to prevent the execution of kulbhushan jadhav. India

give the arguments according to veinna convention article 36 that khulbhushan has not be able

for execution.
Analysis Trail in Pakistan Military court

Pakistan army arrested a raw agent Kulbhushan jadhav in balochistan. Find out a passport as a

name of Hussain mubarik patel.

Arguments of both sides

Firstly by indian arguments:

 India claims that Pakistan has denied Mr. jadhav, to give a chance of free trial and not

give a chance to allowed a counsel of his choice.

 Mr. jadhav has not given a proper chance to present his case nor has he allowed to choice

his counsel and given a authority by india.

 India claims that, Pakistan violate the article 14(1) of ICCPR.

 The judgment of the court conducted by Pakistan military court which would have been

done by use of force and physical torture.

 Futher in support of the judgment, an extracted confusion of video was launched which is

clearly doctored and shoot from different angels.

 India further claims that, Pakistan also violate the article 36(1) of Vienna convention on

consular right.

Pakistan arguments:

Pakistan claims that, article 16(1) don’t be apply on agent. By the all evidences and investigation

report, its confirm that kulbhushan jadhav is a raw agent.

Pakistan claims that, according to the report and confession of guilt by kulbhushan jadhav ,

Pakistan has not violate the Vienna convention.

According to Pakistan constitution, Pakistan has a right to punished any such agent or a person

who unlawfully entered in Pakistan land area.