Pakistan to provide consular access to jailed Indian national Kulbhushan Jadhav on Monday

WION New Delhi Sep 01, 2019, 08.06 PM(IST) Written By: Sidhant Sibal

File photo of Kulbhushan Jadhav. Photograph:( Others )

Story highlights

"Our position on the access has been clarified that it should be nothing short of unimpeded and unrestricted access," Indian government sources said. 

Pakistan for the second time has agreed to offer consular access to jailed Indian national Kulbhushan Jhadav on Monday at 12 noon (PST) for 2 hours. 

Pakistan foreign ministry spokesperson Dr Mohammad Faisal in a tweet said, "Consular access for Indian spy Commander Kulbhushan Jadhav, a serving Indian naval officer and RAW operative, is being provided on Monday 2 September 2019, in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan".

Meanwhile, India is "studying the offer". 

"Our position on the access has been clarified that it should be nothing short of unimpeded and unrestricted access," Indian government sources said. 

The second proposal is almost similar to the first proposal. 

Pakistan had first sent the proposal for consular access to Jhadav on July 30 but India had rejected it since it was partial consular access.

Calling Islamabad to provide full consular access to Jhadav, India in its response 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)".

Pakistani proposals had two riders--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 for consular access for Kulbhushan Jadhav after New Delhi got a major diplomatic victory at the International Court of Justice (ICJ).

On July 17, in its verdict, President of the International Court of Justice 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.