New Delhi: Former Union minister Arun Jaitley on Thursday launched a scathing attack on Pakistan’s subversion of diplomatic norms in the Kulbhushan Jadhav case, moments after external affairs minister Subrahmanyam Jaishankar apprised Parliament of the International Court of Justice’s (ICJ’s) stay on Jadhav’s execution.
In a strongly worded blog, Jaitley said, “Consular access is an extension of the principles of natural justice and fair play. An accused held in custody or detention in a foreign country has to be immediately informed that he has a right to seek consular access. The country to which the accused belongs has to be immediately informed that their national is in custody and, upon request, consular access has to be mandatorily provided."
Jaitley said the judgment had “strongly supported and upheld India’s case on most issues", even as the Vienna Convention bound both India and Pakistan to provide consular access. “The ICJ has rightly held that each one of these pre-requisites were violated by Pakistan and, therefore, a conviction based on violation of such basic human rights cannot be allowed to be executed."
Jaitley, who had served as the Union defence minister in 2017, debunked claims by Pakistan of the judgment being a victory for the neighbouring country. What remained to be seen was the “forum and the process of the review and reconsideration that will be available to Jadhav".
“An onerous responsibility through mandatory directions has been cast by the ICJ on Pakistan to ensure that the review and reconsideration has to be extremely broad ensuring that it takes into consideration all relevant grounds stated above by the ICJ."