Home / Current Affairs / Kalbhoshan Jhadav Case Verdict – ICJ grants consular access to Jadhav, denies his acquittal

Kalbhoshan Jhadav Case Verdict – ICJ grants consular access to Jadhav, denies his acquittal

It is not Pakistan who should be much affected by the decision of ICJ as the decision of ICJ has no binding restrictions on the parties of a dispute. The country has been in the ICJ for more than four times but no reasonable ground changes were seen whether the court decides in favor while in the other case it was totally dependent on the second party either to comply with the verdict or not.

International Court of Justice is an international legal body based in Hague which is the principal organ of the UN as well. Kalbhoshan Jhadav has the status of convicted criminal here in Pakistan whereas India claims that he was kidnapped from Iran where he used to do business. He was arrested back in 2016 and he himself confessed being an agent of RAW and serving in India’s military.

In earlier proceedings of the court, the ICJ denied Pakistan’s stance which was based on the argument that the international legal body has no jurisdiction over the matter. Further his trial in the military-led court likely to give an upper hand to India as military court trials are not considered as free, fair and independent trials and international law always supports the free, fair and independent trials.

ICJ has granted consular access to India in a major relief and also directed Pakistan to review his death sentence that was previously granted to the Kalbhoshan Jadhav by a Pakistani military court. The international court in its verdict denies the acquittal of the Jadhav and repatriation of the convicted criminal.

 

The decision of ICJ is largely diplomatic as both parties stand in a win-win situation: on one side grant of consular access to Jadhav and temporary suspension of the death penalty until the effective review of his trial while on the other side favored Pakistan by denying the acquittal to spy agent and by accepting his faulty role as a spy agent.

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