India asks Pakistan for unimpeded consular access to Kulbhushan Jadhav, rejects riders

NEW DELHI: India has asked for an unimpeded consular access to Kulbhushan Jadhav and rejected Pakistan’s offer, which came with riders including presence of local officials and CCTV recording during the proposed meeting with the Indian national who is on death row after being convicted on charges of spying.

“Pakistan was asked yesterday (Thursday) to provide unimpeded consular access to Kulbhushan Jadhav, in an environment free from the fear of intimidation and reprisal in the light of the orders of the International Court of Justice (ICJ). Its response is now awaited,” a person aware of the matter told ET on condition of anonymity.

While Pakistani reports suggested that consular access was to be granted to Indian diplomats at 3 pm local time on Friday, India had declined to confirm the time and date of the meeting and instead said that it would review Pakistan’s offer.


Indian officials from the High Commission would be accompanied by Pakistani officials for their meeting with Jadhav, according to the terms of the proposal made by Pakistan to India on Thursday, it is learnt. This, however, does not conform with the provisions of the 1963 Vienna Convention on Consular Relations.

India has sought full access without Pakistani officials monitoring the meeting, so that Jadhav can express himself freely. Pakistan had reportedly decided to also place CCTV cameras for recording the proposed meeting.

In a big win for India, the ICJ had ruled on July 17 that Pakistan must review the death sentence of Kulbhushan Jadhav. It had also asked Pakistan to offer consular access to India.

Jadhav's death sentence “should remain suspended until Pakistan effectively reviews and reconsiders the conviction and sentence”, said the court, agreeing with India’s stand that Pakistan had violated the Vienna convention by denying consular access to Jadhav after his conviction in a “farcical” closed-door trial.

“Truth and justice have prevailed. I am sure Kulbhushan Jadhav will get justice," Prime Minister Narendra Modi had tweeted.

Jadhav, 49, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of “espionage and terrorism” in April 2017, after which India moved the ICJ, seeking a stay on his death sentence and further remedies.

India maintains that Jadhav was kidnapped from Iran where he was running a business after retiring from the navy while Pakistan claims he was arrested in Balochistan.

A 16-member bench of the ICJ voted 15-1 to direct Pakistan to undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.

In its 42-page order, the ICJ, while rejecting Pakistan's objection to admissibility of the Indian application in the case, held that “a continued stay of execution constitutes an indispensable condition for the effective review” of the sentence.

The bench, however, rejected some concessions sought by India, including cancelling the military court’s decision convicting Jadhav, his release and safe passage to India.