Gaganjot, BA., LL.B. (Hons.), School of Law, Lovely Professional University, Phagwara
ABSTRACT
The tensions between India and Pakistan have been strained after the nation got independent in August, 1947. The Brutal partition of one country into 2 parts i.e., India and Pakistan have been bringing a series of tensions between both the nations, majorly over the territorial issue of the Jammu & Kashmir region. The two of countries never treat the people of each other with love and affection rather they both see each other as enemies. These strained relation between both the nations even got more spark after the wars of 1947, 1965, 1971 and 1999. These tensions between the 2 nations bring the people at both sides on risk and as a result they suffer atrocities in the hands of military personnel of each other on the allegation of Espionage and alleged terrorism. One such story is of an Indian 51-year-old Navy Officer Kulbhushan Jadhav, who was being caught by the Pakistan army in Balochistan and charged him with the heinous issues of “Espionage and Terrorism” and was sentenced to death in April 2017 without giving him any legal support and consular access from India. In response to that, India approached the International Court of Justice (ICJ) against the Pakistan for denial of consular access to Jadhav and against the death sentence awarded to Jadhav by the Pakistan Military Court.
In this Research paper, I’m going to discuss and analyze the Kulbhuhan Jadhav’s Case in depth alongwith the reference to the concept of “Consular Access” which was the main issue of this case and under which International Law the Right of Consular access is given to the countries alongwith the Facts of the case, the Arguments put forth from both India and Pakistan and the final Verdict delivered by the International Court of Justice (ICJ).
