The International Court of Justice (ICJ) will announce its verdict in the Kulbhushan Jadhav case on July 17, a private TV channel reported on Thursday.
Jadhav – a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing (RAW) – was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism. In his subsequent trial at a military court, Jadhav had confessed to his involvement in terrorist plots. The spy was subsequently sentenced to death in 2017. On April 10, 2017, Army Chief Gen Qamar Javed Bajwa had endorsed the death penalty for Jadhav. In June 2017, the Indian spy had filed a mercy petition against the death penalty, in which he again confessed to his involvement in the terrorist activities. However, before Pakistani authorities could make a final decision, the International Court of Justice (ICJ) had ordered a stay in his execution on India’s appeal.
During the hearing of the case in the international court, India denied Jadhav was a spy and had asked the ICJ to order his release because he was denied consular access and not allowed to choose his own defence lawyer. Attorney General of Pakistan Anwar Mansoor Khan had in turn argued that Jadhav was an Indian spy sent to Balochistan to destabilise the country and therefore not entitled to consular access.
It’s going to be for the first time that a 16-judge bench of the ICJ, led by a Muslim judge Justice Abdulqawi Ahmed Yusuf, will decide whether consular access should be given to the spy or not. Former chief justice Tassaduq Hussain Jilani is also an ad hoc judge in the case. India’s Dalveer Bhandari, who is a permanent judge, is also a member of the bench.
In five cases, the ICJ gave consular access to the applicable state but it’s the first case wherein the ICJ will determine whether or not the spy should be given consular access.
Barrister Khawar Qureshi (Queens Counsel) argued on behalf of Pakistan while Harish Salve gave oral submission on behalf of India. The legal experts say that ICJ will reject India’s plea to release Kulbhushan. However, he may be allowed counselor access.
