Kulbhushan Jadhav case: ICJ set to deliver verdict today

The countdown has begun. The much-awaited verdict in the case of Kulbhushan Jadhav, accused of espionage and lodged in a high security jail in Pakistan, is expected to be delivered at the International Court of Justice in The Hague on Wednesday. The verdict will be delivered at 6:30 pm, Indian time.

The stakes are high on both sides. Fought in a tense period post Pulwama attack, the trial saw the hostilities on the ground spill onto the court room floor. 

India, in its petition, has argued that Pakistan is in “brazen defiance’’ of the Vienna Convention on consular access, and raised the “opaque’’ trial that Pakistan conducted at a military court. India wants the ICJ to annul the verdict of the trial and have a fresh trial under the civilian court after setting aside the confession. In his arguments before the court, Harish Salve, the lawyer for India, passionately said: “It would be in the interest of justice, of making human rights a reality, to direct his release." 

Salve argued to take the law forward and set Jadhav free. So, far, this is the first time that the ICJ has been asked to consider such a plea. Any case of consular access, usually, revolves around the interpretation of the convention. To set Jadhav free, or order a new trial—a best case scenario—the court will be, in a way, creating history.

If they do, it will be a big win for India. Pakistan, however, submitted in its closing arguments that Jadhav did have recourse to a civilian court. A case of terrorism has filed in civil court, and he will be given legal representation if he wants it. This might be setting the stage for a possible ruling by the ICJ on a new trial, giving Pakistan, an option of making this also look like a win.

The question is will they? It certainly, is beyond their mandate.