Friday, 19 May 2017

The Curious Case of Kulbhusham Jadhav ICJ Verdict

Saving a dead man


 The Government of India's bold manoeuvre to fight Kulbhushan Sudhir Jadhav's case in the International Court of Justice (ICJ) is laudable. The fact that the ICJ stayed the death sentence of Jadhav has ensured that India has achieved it's objectives. Not the objectives that the fake media is bragging about such as :
  •        India has defeated Pakistan
  •        Jadhav has been saved
  •       The world courts will punish Pakistan
   Here is the link to a contrarian analysis of the verdict  published in the Dawn - "India didn't win;Pakistan didn't fail"

The above idiotic nonsensical narratives being run perpetually by Indian media have nothing to do with Indian Government's real achievements namely:
  •        The Government has shown that it cares for the life of it's citizens - even those accused of allegedly spying are not expendable assets.
India and Pakistan argued over whether death sentence of Kulbhushan Jadhav should be stayed at the International Court of Justice

  •       It has risked deviating from India's archaic foreign policy of trying to resolve matters bilaterally with Pakistan and achieved some measure of success at a multilateral forum. It however remains to be seen whether this is a good move or a bad move in future areas of conflict with Pakistan who may now be inclined to pay India back in the same currency. India's image was further vulnerable on account of the fact that the enforcement of ICJ verdicts on such matters in the past have been very weak. 

  •        It has also forced a conflict between the military and executive arms of Pakistan, forcing any further action by Pakistan into a lose lose situation. If Jadhav is executed (some allege he is already dead), Prime Minister Nawaz Sharif gets red faced at international forums and may be exposed to sanctions. It will also make it difficult for China to continue offering unquestioning support to it’s all weather ally. If Jadhav's execution is delayed and India is allowed counsellor access to him , Pakistan's military courts (the Field General Court Marshall) are snubbed. Pakistan has already issued a statement to the effect that the ICJ verdict is not applicable to them.Predictably, reactions to the ICJ verdict within Pakistan have been ranging from denying the ICJ jurisdiction to expressing disappointment with the Pakistan representation at the ICJ.

  •        It has neutralized Pakistan's scheme to shift the world attention from it’s terrorist sponsoring activities to trying to prove that it was actually India who was sending spies and how they were trying Jadhav humanely. Had this not been the case Jadhav would have mysteriously disappeared long time back. But Pakistan chose to parade him as their prized trophy for several months. Unfortunately this “trophy” is now a mammoth elephant , a problem  they can neither ignore nor get rid of without repercussions

  •        India showed the world that instead of acting like a rogue nation by either disowning Jadhav or trying to secure his release through surreptitious back channels, it chose to follow the righteous path of securing Justice for Jadhav through recognized civil procedures.The ICJ president of the court Judge Ronny Abraham said “On the date the application was filed a dispute existed between the parties as to consular access with regard to trial and sentencing of Mr Jadhav. The acts alleged by India are culpable of falling under the Vienna Convention guaranteeing the right to communicate and have access to consular access rights,” 

One has certainly not heard the last of this case and one can certainly not say for sure whether taking an India Pakistan issue to  a multilateral forum won’t impact any future situations in Indo Pak disputes. But India has won round 1. The BJP Government under Prime Minister Narender Modi deserves accolades.

As much as we hate to admit it, Jadhav’s future has limited options. The notion of securing his release is a bit far fetched particularly in the light of this recent event where a background “deal” or “exchange” or “quid pro quo” is almost ruled out. His release would undermine the image of both the Executive and Military arms of Pakistan within their own country , something which the power brokers in that nation will never be able to digest. A more likely and unfortunate scenario is that Jadhav is suddenly declared critically ill and dead or is declared killed by other “inmates”. That is precisely the reason that India has won, that it chose to fight it out despite these gloomy scenarios. Whatever the outcome, Jadhav will have the love and respect of every Indian. He can take comfort in the fact that India and indeed the world is with him and he has been accorded the full dignity and respect deserving of any citizen and ex naval officer. 


  1. You are right. It's too early for any party. But peaceful, civil and legal approach is always better

  2. Vishweshwar Nath23 May 2017 at 21:39

    It's unlikely that India will get Jadhav back. Even "friendly" nations like UK drag their feet when it comes to sending back Lalit Modi and Vijay Mallya. So it is rather far fetched to expect Pakistan to return a suspected spy. Still India's attempts are noteworthy. It reminds me of the pre independence era when Indian lawyers would appeal in British courts for justice of Indian freedom fighter knowing knowing fully well the minimal odds of survival of their clients. So positive spirit of Indian Government is to be saluted.

  3. Why is there such a hue and cry over Kulbhushan Jadhav ? So many Indians have been arrested before by Pakistan and Vice Versa bu never before has their been this out of scale reation from India . It makes me suspicious that there is more to Jadhav