KEY CONCEPT OF “KULBHUSHAN JADHAV CASE”

HEY GUYS,

TODAY, WE ARE GOING TO DISCUSS THE MOST IMPORTANT CASE GOING ON IN THE INTERNATIONAL COURT OF JUSTICE.


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EARLY LIFE OF KULBHUSHAN JADHAV

KULBHUSHAN JADHAV WAS BORN IN SANGLI, MAHARASHTRA IN THE YEAR OF 1970. HIS FATHER SUDHIR IS A RETRIED MUNBAI POLICE OFFICER. JADHAV WAS MARRIED AND HAS TWO CHILDREN IN POWAI, MUMBAI. JADHAV JOINED THE NATIONAL DEFENCE ACADEMY IN 1987 AND HE WAS COMMISIONED IN THE ENGINEERING SECTOR IN THE INDIAN NAVY, 1991.

WHY KULBHUSHAN JADHAV WAS “ARRESTED”?


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ACCORDING TO THE PAKISTANI GOVERNMENT, DURING 3RD MARCH, 2016 KULBHUSHAN JADHAV WAS ARRESTED INSIDE BALOCHISTAN IN MASHKEL NEAR THE BORDER OF CHAMAN. BUT, INDIA DENIED THE CLAIM AND SAID HE WAS ABDUCTED FROM IRAN. 

PAKISTANI SECURITY FORCES REPORTED JADHAV AS A SERVING OFFICER IN THE INDIAN NAVY AND STATED THAT HE WAS COMMISIONED TO THE RESEARCH AND ANALYSIS WING(RAW). JADAV WAS SOON SHIFTED TO ISLAMABAD FOR INTERROGATION AND THEN, PAKISTANI OFFICIALS CLAIMED THAT HIS JOB WAS TO DESTABILISE PAKISTAN BY STRENGTHENING A SEPERATIST MOVEMENT IN BALOCHISTAN AND KARACHI- A MISSION WHICH OFFICIALLY BEGAN IN 2013.

PAKISTAN AUTHORITIES STATED THAT JADAV, DURING HIS INTERROGATION, GAVE DETAILS ABOUT HIS FUNDING AND PLANS TOP DESTABILISE THE COUNTRY.

PAKISTAN SAID THAT, BASED ON JADHAV’S INFORMATION, IT HAD ARRESTED HUNDREDS OF UNDERCOVER OPERATIVES.

INVIEW OF “KULBHUSHAN JADHAV”


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ACCORDING TO INDIAN SOURCES, JADHAV WAS ABDUCTED BY PAKISTAN’S FORCES FROM THE IRAN-PAKISTAN BORDER AND PAKISTAN FABRICATED HIS DOCUMENTS AND LEAKED THEM WITHOUT REALISING THERE WERE GLARING INCONSISTENCIES IN THE ISSUE.

JADHAV OWNED A CARGO BUSINESS IN IRAN AND HAD BEEN WORKING OUT OF BANDAR ABBAS AND CHABAHAR PORTS. SOME INDIAN INTELLIGENCE OFFICIALS ALSO SUSPECTED THAT JADHAV WAS ABDUCTED FROM THE IRAN-PAKISTAN BORDER BY AN EXTREMIST RADICAL GROUP CALLED JAISHUL ADIL.

KULBHUSHAN JADHAV AS “SPY”

PAKISTAN PREPEARED A DOSSIER OUTLINING EVIDENCE OF INDIAN SPONSORED TERRORISM AND PROVIDED IT TO THE UNITED NATIONS SECRETARY GENERAL. IT INCLUDED JADHAV’S DETAILS AS, IN JANUARY 2019, VIKRAM SOOD WHO HEADED “RAW” FROM 2000-2003 STATED THAT PAKISTAN HAD NO LEVERAGE OVER INDIA ON JADHAV. HE STATED,”NO SPY WORTH HIS SALT WILL BE CAUGHT WITH HIS PASSPORT. THE CHARGES AGAINST HIM ARE LAUGHABLE.”

“DEATH SENTENCE” OF KULBHUSHAN JADHAV


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DURING THE JOINT CONFERENCE HELD BY THE ARMY AND THE GOVERNMENT, A VIDEO CONFESSION BY JADHAV WAS MADE PUBLIC.

ON APRIL 2017, JADHAV WAS SENTENCE TO DEATH BY A FIELD GENERAL COURT MARTIAL(FGCM) IN PAKISTAN, FOLLOWING A CONFESSION BEFORE THE MAGISTRATE AND THE COURT. 

JADHAV’S TRIAL LASTED TREE AND A HALF MONTHS AND THE CHARGES HE WAS CONVICTED FOR INCLUDED SPYING FOR INDIA, EAGING WAR AGAINST PAKISTAN, SPONSORING TERRORISM, AND DESTABILISING THE STATE. HE WAS TRIED IN A MILITARY COURT DUE TO HIS NAVAL BACKGROUNG AND THE SENSITIVE NATURE OF HIS CASE, INVOLVING “ESPIONAGE AND SABOTAGE.”

INTERNATIONAL COURT OF JUSTICE


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IN MAY, 2017, INDIA APPROACHED THE INTERNATIONAL COURT OF JUSTICE ASSERTING THAT PAKISTANI AUTHORITIES WERE DENYING INDIA ITS RIGHT OF CONSULAR ACCESS TO JADHAV IN VIOLATION OF VIENNA CONVENTION.

THE ICJ PROCEEDINGS BEGAN IN “THE HAGUE” ON 15 MAY TO REVIEW THE CASE. INDIA AND PAKISTAN BOTH SENT THEIR LEGAL TEAMS TO PUT FORWARD THEIR ARGUMENTS, LED BY HARISH SALVE AND KHAWAR QUERSHI RESPECTIVELY. ON 18 MAY 2017, THE ICJ STAYED THE HANGING OF JADHAV.

ON 25 DECEMBER, JADHAV’S MOTHER AND WIFE MET KADHAV IN ISLAMABAD AFTER BEING ALLOWED PERMISSION BY PAKISTAN AUTHORITIES. INDIA SUBSEQUENTLY DENOUNCED PAKISTAN FOR IT’S HANDLING OF THE VISIT OF THE WIFE AND THE MOTHER OF JADHAV, SAYING THEY WERE HARASSED AND PREVENTED FROM TALKING TO JADHAV FREELY.

JUSTICE TO KULBHUSHAN JADHAV

ON 17 JULY 2019, THE ICJ, IN IT’S VERDICT DIRECTED PAKISTAN TO ALLOW CONSULAR ACCESS AND EFFECTIVELY REVIEW THE DEATH SENTENCE. THE COURT OBSERVED THAT PAKISTAN HAD BREACHED INTERNATIONAL LAW BY NOT GRANTING CONSULAR ACCESS. NONETHELESS, THE COURT ALSO REJECTED INDIA’S APPEAL FOR JADHAV’S RELEASE. FINALLY, PAKISTAN HAS TO REVIEW AND RECONSIDER THE VERDICT GIVENT O KULBHUSHAN JADHAV.

ALL THE BEST,

AGNIRA

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