Presenting the ICJ’s decision as in support of Pakistan, its Prime Minister Imran Khan on Thursday said that he appreciated the verdict. Khan took to Twitter to hail the verdict, and said that Pakistan shall proceed with Jadhav as per law.
“Appreciate ICJ’s decision not to acquit, release & return Commander Kulbhushan Jadhav to India. He is guilty of crimes against the people of Pakistan. Pakistan shall proceed further as per law,” Imran Khan tweeted.
On Wednesday, in a major victory for India, a 16-member bench at the ICJ continued the stay on the execution of Jadhav by a 15-1 vote and held that Islamabad violated New Delhi's rights to consular visits after his arrest. The Court also ordered Pakistan to grant consular access to Jadhav.
A Chinese judge was part of the majority verdict while the ad hoc judge from Pakistan on the bench headed by President of the Court Judge Abdulqawi Ahmed Yusuf of Somalia gave a dissenting opinion.
Rejecting Pakistan's objection to admissibility of the Indian application in the case, the court in its 42-page order held that "a continued stay of execution constitutes an indispensable condition for the effective review" of the sentence of Jadhav that had strained relations between the two neighbouring countries.
Recalling that it had directed Pakistan to take all measures at its disposal to ensure that Jadhav is not executed pending the final decision in the case, the ICJ said Islamabad "deprived the Republic of India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation".
Pakistan was under the obligation to inform India about the arrest and detention of Jadhav under the Vienna Convention, the court said.
The bench observed that there was a three-week delay in informing India about Jadhav's arrest on March 3, 2016, leading to a "breach" of Pakistan's obligations under the convention.
Noting that India has made a number of requests for the consular access, which was denied by Pakistan, the court said it was "undisputed" fact that Pakistan did not accede to India's appeals.
The court said Pakistan has not explained how any of the wrongful acts allegedly committed by India may have prevented it from fulfilling its obligation.
The judges said there was no basis to conclude that India abused its procedural rights when it requested indication of provisional measures in this case.
On Pakistan's argument that India has failed to prove Jadhav's nationality, the court said it was satisfied that the evidence before it leaves no room for doubt that Jadhav is of Indian nationality.
The court ruled that Pakistan is under an obligation to inform Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations.