Summary of Kulbhushan Jadhav Case

Factual Background

On 8th May 2017, the Government of India filed in the Registry of the International
Court of Justice an application against Government of Pakistan against violation of the
Vienna Convention on Consular Relations of 24th April 1963 in the matter of detention
and trial of an Indian National Mr. Kulbhushan Sudhir Jadhav, sentence to death by
Military Court of Pakistan. He was accused of involvement in espionage and terrorism
activities in Pakistan. He was arrested on 3rd March 2016. Pakistan notified India about
arrest and detention of Jadhav on 25th March 2016.

Jurisdiction of the Court

The International Court of Justice has jurisdiction under Article I of Optional Protocol
to Vienna Convention on Consular Relations concerning the Compulsory settlement of
disputes.

Admissibility of Indian Application

The Government of Pakistan challenged the admissibility of Indian Application on

following grounds:

 Alleged abuse of process

 Alleged abuse of rights
 Alleged unlawful act

The objections were rejected by Court and India’s application declared admissible.
 Applicability of Article 36 of the Vienna Convention on
Consular Relations

Government of India claims that Kulbhushan Jadav case falls under Article 36 of the
Vienna Convention on Consular Relations. Government of Pakistan rejected this
claim and contended that 2008 agreement of consular relations between India and
Pakistan governs Kulbhushan Jadhav case. The court responded that Vienna
Convention is applicable in this case, regardless of allegation that Mr. Jadhav was
engaged in activities of espionage.

Allegations of Court on Government of Pakistan

 Government of Pakistan has breached its obligation by not informing Mr.

Jadhav his rights.
 Government of Pakistan has breached its obligation by denying consular
officers of India access to Mr. Jadhav, contrary to their right to visit him, to
converse or correspond with him, and to arrange for his legal representation.
 Government of Pakistan has breached its obligation by informing government
of India about arrest and detention of Mr. Jadhav with delay.

Decision of International Court of Justice

 Government of Pakistan is directed to take all measures at its disposal to

ensure that Mr. Jadhav is not executed pending the final decision in the
present proceedings.
 Government of Pakistan is under obligation to inform India’s consular about
arrest and detention of Mr. Jadhav.
 Government of Pakistan is under obligation to provide effective review and
reconsideration of jadhav case by enacting appropriate legislation.
 Government of Pakistan is under obligation, to provide, by means of its own
choosing, effective review and reconsideration of the conviction and sentence
of Mr. Jadhav.