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International Court of Justice's 'Phatkar' to Pakistan

NETHERLANDS, 22 JULY. In a major diplomatic victory for India, the International Court of Justice (ICJ) has once again reiterated that the judgment in the Kulbhushan Jadhav case is “binding, final and without appeal”. This was the court’s response to a query by WION. The question asked by WION was: Has India or Pakistan approached ICJ in India Vs Pakistan Kulbhushan Jhadav case?

In July 2019, the ICJ, in its 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. Earlier in May, Pakistan said that it has "fully complied" with the ICJ's verdict in the Kulbhushan Jadhav case, days after India's lead counsel Harish Salve asserted that New Delhi had hoped it might be able to persuade Islamabad through "back channel" to release the Indian death-row convict.

Meanwhile, Pakistan on Friday (July 17) formally offered India third consular access to Jadhav, a day after India asserted that the second consular access was "neither meaningful nor credible".

A Note Verbale was sent to India on the matter and India is yet to respond. Jadhav was arrested by Pakistan on alleged espionage charges and is languishing in its jail. Pakistan Foreign Minister Shah Mahmood Qureshi has said that the next consular access would be as per India's demand to not have a security person. "We have offered them and are awaiting their response," said Qureshi. Hours after Indian consular officers met Jadhav, India had slammed Pakistan as the "environment nor the arrangements of the meeting were in accordance with the assurances given by Pakistan". The Ministry of External Affairs (MEA) had stated that it was evident from a camera, that was visible, that the conversation with Jadhav was being recorded. The MEA had added that Jadhav himself was visibly under stress and indicated that clearly to the consular officers.

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