The ICJ has announced Verdict in Kalbhushan Jadhav case and the verdict, not surprisingly, strikes balance between both India and Pakistan. Following is the full text of the ICJ verdict.
Indian Claims in Jadhav Case
1. Pakistan violated Vienna Convention (Approved)
2. Pakistan’s Military Court verdict violated Vienna Convention. (Failed)
3. Annul Pakistani court’s sentence. (Failed)
4. Release Jadhav to India. (Failed)
If releasing Jadhav is not plausible, then
5. Trial Jadhav in a Civilian Court. (Failed)
The only Indian Claim accepted was Pakistan’s violation of Vienna Convention in the case. The ICJ ruled that Pakistan had violated article 36 of Vienna Convention by:
a. Not informing Jadhav of his rights.
b. Not informing #India of Jadhav’s detention.
c. Not giving consular access to #India to Jadhav.
The Verdict in Jadhav Case by the ICJ has called Pakistan to provide India the consular access to Jadhav and review and reconsider Jadhav’s conviction and sentence. The verdict brings victory to neither Pakistan nor India. It does however, favour India as one out of five Indian claims has been approved causing Pakistan to delay the execution further.
Pakistan’s Interpretation of the Verdict
The Government of Pakistan hailed the verdict of the ICJ by claiming it a moment of triumph for Pakistan. Shah Mehmood Qureshi, the Foreign Minister tweeted,
Commander Jadhav shall remain in Pakistan. He shall be treated in accordance with the laws of Pakistan. This is a victory for Pakistan. #KulbhushanVerdict— Shah Mahmood Qureshi (@SMQureshiPTI) July 17, 2019
A Pakistani journalist tweeted following points to conclude that the verdict is not in favour of India but pretty much supports the Pakistani narrative.
ICJ verdict: (1) Jadhav will not be released (2) His sentence not overturned (3) His hanging stayed (4) He will get Consular access (5) His sentence to be reviewed.— Fahd Husain (@Fahdhusain) July 17, 2019
Conclusion: Indian all pleas rejected except consular access. Not too bad for Pakistan. Pretty bad for India
An expert on National Security tweeted,
India Lost: 🇮🇳— Shahid Raza (@schaheid) July 17, 2019
1: KBJ hasn’t be acquitted from charges of espionage & terrorism.
2: Military Court verdict upheld.
3: Judicial Review by Pakistan’s own choosen method.
4: Temporary suspension on execution until review.#KulbhushanJadhav
Indian Interpretation of the Verdict
The Indian government, despite failing to succeed in seeking approval of its four out of five claims, declared the verdict the triumph of India. The Indian Ministry of External Affairs welcomed the judgement by the ICJ on the ground that the court upheld one of the Indian claims mentioned above.
The Indian Minister for External Affairs tweeted,
I wholeheartedly welcome the verdict of International Court of Justice in the case of Kulbhushan Jadhav. It is a great victory for India. /1— Sushma Swaraj (@SushmaSwaraj) July 17, 2019
Its a Balancing Act
The Verdict is a balancing act between India and Pakistan and is therefore victory to none. India’s goal in the case was to get Jadhav released in which did not succeed. Similarly, Pakistan’s goal was to get the Indian objections dismissed, citing that Vienna Convention was not applicable in the case, in which Pakistan also could not succeed.