In a major diplomatic win for India, the International Court of Justice (ICJ) on July 17 directed Pakistan to review the death sentence given to former Navy officer Kulbhushan Jadhav on charges of “espionage and terrorism”.

Affirming Jadhav’s right to consular access and notification, the world court said, his death sentence should remain suspended until Pakistan “effectively” reviews and reconsiders the conviction and sentence in light of Pakistan’s breach of Art 36(1), i.e. denial of consular access and notification.

The bench, led by President of the Court Judge Abdulqawi Ahmed Yusuf, also ruled by 15 votes to 1 that Pakistan had violated India’s rights to consular visits after Jadhav’s arrest.

The court, however, rejected India’s requests, including annulment of the military court conviction, his release and safe passage to India.

“Pakistan deprived the Republic of India of the right to communicate with and have access to Mr Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation,” the judges said.

The bench observed that there was a three-week delay in informing India about Jadhav’s arrest on March 3, 2016, leading to a “breach” of Pakistan’s obligations under the Geneva Convention.

Noting that India has made a number of requests for consular access, which was denied by Pakistan, the court said it was “undisputed” fact that Pakistan did not accede to India’s appeals.

Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of “espionage and terrorism” after a closed trial in April 2017. His sentencing evoked a sharp reaction in India.

The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.

India moved the ICJ on May 8, 2017 for the “egregious violation” of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.

A bench of the ICJ, which was set up after World War II to resolve international disputes, on May 18, 2017 had restrained Pakistan from executing Jadhav till adjudication of the case.

A four-day public hearing in the case took place in February amid heightened tensions between India and Pakistan following one of the worst terror attacks in Jammu and Kashmir by Pakistan-based Jaish-e-Mohammed terror group that killed 40 CRPF soldiers on February 14.

During the hearing, both India and Pakistan submitted their detailed pleas and responses.

India based its case on two broad issues - breach of the Vienna Convention on consular access and the process of resolution.

Harish Salve, who represented India in the case, questioned the functioning of Pakistan’s notorious military courts and urged the top court to annul Jadhav’s death sentence, which is based on an “extracted confession”.

In his submission in the ICJ on the last day of the hearing, Pakistan’s counsel Khawar Qureshi said, “India’s claim for relief must be dismissed or declared inadmissible.”

Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran.

However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.

Pakistan had rejected India’s plea for consular access to Jadhav at the ICJ, claiming that New Delhi wants the access to get the information gathered by its “spy”.

However, Pakistan facilitated a meeting of Jadhav with his mother and wife in Islamabad on December 25, 2017.

Timeline of the case

March 3, 2016: Pakistan arrests Kulbhushan Jadhav, a former Indian Navy officer.

March 24, 2016: Pakistani authorities claim “Indian spy” Jadhav was arrested from Balochistan province.

March 26, 2016: Indian claims there is no proof that Jadhav, who owns a cargo business in Iran, was arrested in Balochistan as claimed by Pakistan.

March 29, 2016: New Delhi seeks from Islamabad consular access to Jadhav. Over the next one year, it made 16 such requests, which were denied by Pakistan.

April 10, 2017: A Pakistani army court sentences Jadhav to death “for his involvement in espionage and sabotage activities against Pakistan”. India warns Islamabad that it is a case of “premeditated murder”.

April 11, 2017: External Affairs Minister Sushma Swaraj makes a statement in both Houses of Parliament that India will go “out of the way” to ensure justice for Jadhav.

April 14, 2017: India demands from Pakistan a certified copy of the charge-sheet as well as the judgment in the death sentence of Jadhav and seeks consular access to him.

April 20, 2017: India officially seeks from Pakistan details of the trial proceedings against Jadhav as well as the appeal process.

April 27, 2017: Swaraj writes to Pakistan Foreign Affairs Adviser Sartaj Aziz requesting visa for Jadhav’s family to visit him.

May 8, 2017: India approaches the International Court of Justice (ICJ) at the Hague against the military court’s decision.

May 9, 2017: The ICJ stays Jadhav’s execution.

May 15, 2017: India and Pakistan cross swords at the ICJ over Jadhav’s case with New Delhi demanding the immediate suspension of his death sentence and Islamabad accusing it of using the world body as a stage for “political theatre” through a “misconceived” plea.

May 18, 2017: The ICJ tells Pakistan to put his execution on hold pending its final order.

December 26, 2017: Jadhav meets his wife and mother more than a year after he was arrested.

April 17, 2018: India files second round of written reply in the ICJ in Jadhav’s case.

July 17, 2018: Pakistan submits its second counter-memorial in the ICJ on the conviction of Jadhav.

August 22, 2018: The ICJ sets February 2019 for hearing Jadhav’s case.

November 21, 2018: Swaraj seeks diplomatic access to Jadhav.

February, 18, 2019: Four-day hearing in Jadhav’s case opens.

February, 19, 2019: India urges the ICJ to annul Jadhav’s death sentence and order his immediate release.

February 20, 2019: India questions the functioning of Pakistan’s military courts and urges the ICJ to annul Jadhav’s death sentence.

February 21, 2019: Pakistan asks the ICJ to “dismiss or declare inadmissible” India’s claim for relief to Jadhav.

July 17, 2019: In a major victory for India, the ICJ rules that Pakistan must review the death sentence for Jadhav and provide him consular access.

A version of this article originally appeared in The Week.