How India won the legal battle for Kulbhushan Jadhav
Jadhav, 49, was purportedly "arrested" from Balochistan by Pakistani security forces on March 3, 2016, after he allegedly entered the country from Iran, as claimed by Islamabad.India has held that Pakistan, which faces several problems on its border with Iran, has been using Jadhav's case to blame India for its problems in Balochistan. It has used proxy groups such as Jaish al Adl against Iran, while Iranian officials have spoken of Pakistan's sponsorship of terror activities along the Iran-Pakistan border.
It was on March 25, 2016, that then Foreign Secretary of Pakistan, Aizaz Ahmad Chaudhry, had informed the Indian High Commissioner in Islamabad of Jadhav's "arrest."
Since then, Pakistan has not offered any explanation as to why Islamabad took over three weeks to inform the Indian High Commissioner about Jadhav's arrest.
Jadhav was sentenced to death by a Pakistani military court on April 11, 2017.
Battle at ICJ
After a Pakistani military court awarded Kulbhushan Jadhav the death sentence, India was left with no other option but to approach the ICJ for relief in 2017. India maintained all along that Jadhav was a civilian who was kidnapped and moved to Pakistan by armed groups and that Islamabad was using him to blame India for its problems in Balochistan.
According to India, Jadhav was denied the right to be defended by a legal counsel of his choice. His conviction and death sentence was based on "confessions" taken in captivity, India maintained.
India's case was all along built around the fact that Pakistan was in breach of Article 36(1) (b) of the Vienna Convention on Consular Relations (VCCR) which obliged Pakistan to inform India of the arrest of an Indian national "without delay".
Jadhav was purportedly "arrested" on March 3, 2016, and it was only on March 25, 2016, that the Pakistani foreign secretary informed the Indian high commissioner in Islamabad of this "arrest". According to Indian authorities, Pakistan never offered any explanation as to why it took over three weeks to inform the Indian high commissioner of Jadhav's arrest.
Pakistan violated the Vienna Convention also by not informing Jadhav of his rights and by denying Indian officials access to him.