Daily Times

The United Nations top court has given a balanced verdict in the Kulbhushan Jadhav case, giving a reason for both Pakistan and India to celebrate the day. Accepting Pakistan’s stance, the International Court of Justice (ICJ) on Wednesday turned down India’s request to acquit, release and return its national Kulbhushan Jadhav, a serving Indian naval commander caught and sentenced in Pakistan for espionage and terrorism. “The court notes that Pakistan acknowledges that the appropriate remedy in the present case would be effective review and reconsideration of the conviction and sentence,” the ICJ verdict read, supporting Pakistan’s stance. Much to the delight of Indian side and the family of the convict, the ICJ also ruled that Kulbhushan Jadhav has the right to consular access and death sentence handed down to him be reviewed. The spy was arrested in Pakistan in 2016 and later sentenced to death by a military court. India took the case to the ICJ, which after two years of proceedings, rejected most of the Indian demands.

Foreign Minister Shah Mahmood Qureshi calls it a ‘victory’ for Pakistan. The ICJ has rejected India’s plea that Pakistan military court’s judgement should be declared in contravention of the international law. Some legal circles say that Pakistan’s basic point that the ICJ cannot hear this case for its links with espionage was not fully entertained. The ICJ stated that it has jurisdiction to hear the case under the Vienna Convention. India fought for consular access to Kulbhushan Jadhav, and the court accepted its demand. On the other hand, the ICJ clearly called Kulbhushan Jadhav a spy, as it ruled that Commander Jadhav would remain in Pakistan and would be treated in accordance with the law of the country. Now, it is up to Pakistan to when and where it puts Kulbhushan Jadhav on retrial.

Commander Kulbhushan Jadhav has accepted the crimes he has committed as being the official of Indian spy agency RAW. The agency has started a wave of terrorism in Balochistan and other parts of Pakistan. The ICJ has accepted in a way the act of espionage and its ensuing effects by RAW. Pakistan has long been the victim of terrorism but has failed to project the losses and heavy prices it had to bear in its fight against the menace. On the other hand, when India arrested Ajmal Kasab in 26/11 Mumbai attack case, it executed him after fully projecting his Pakistani nationality. Now, it is a game of diplomacy to put international pressure on India to shun terrorism in Pakistan for it is in the best interest of the whole region. *