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Pakistan must provide 'unimpeded consular access' to Kulbhushan Jadhav: India

Kulbhushan Jadhav. Photograph:( ANI )

WION New Delhi, India Aug 02, 2019, 02.28 PM (IST) Written By: Sidhant Sibal

India has rejected the proposal of partial consular access for Kulbhushan Jhadav given by Pakistan. 

Calling Islamabad to provide full consular access for Jhadav, India in its response sent on Thursday evening asked Pakistan to provide "unimpeded consular access" in an "environment free from the fear of intimidation and reprisal, in the light of the orders of the International Court of Justice(ICJ)", according to the government sources.

Pakistan sent its proposal on July 30 but it had two riders--one that Pakistani security personnel will be present in the meet and there will be CCTV cameras present in the room.

According to the Vienna Convention, article 36, "Consular officer shall be free to communicate with nationals of the sending State and to have access to them" and the fact a Pakistani officer will be present means Pakistan is contravening the convention. 

The Pakistani proposal had suggested a meet between Indian diplomat with Jadhav on Friday at 3pm, which will not take place now.

Pakistan spokesperson Mohammad Faisal during his weekly presser on Thursday said, "We have offered the Indian High Commission to avail consular access on this Friday."

The Pakistani proposal for consular access for Kulbhushan Jadhav came 14 days after New Delhi got a major diplomatic victory at the International Court of Justice (ICJ).

On July 17, in its verdict, President of the ICJ Abdulqawi Ahmed Yusuf said, "Islamic Republic of Pakistan is under an obligation to inform Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations."

The Court declared that Pakistan is under an obligation to inform Jadhav without further "delay of his rights." 

The court unanimously found that it had jurisdiction in the case and by a vote of 15-1, pronounced its verdict, with the sole dissenting Judge being Ad Hoc Judge Tassdduq Hussain Jillani was is the former Chief justice of Pakistan.

Story highlights

Pakistan sent its proposal on July 30 but it had two riders--one that Pakistani security personnel will be present in the meet and there will be CCTV cameras present in the room.