Introduction 

• This is a landmark judgment which deals with rights under Vienna Convention of Consular Relations particularly Article 36 of the Convention.  
• This judgment was delivered by International Court of Justice.  

Facts 

• The proceedings were instituted in the International Court of Justice (ICJ) by Republic of India against the Islamic Republic of Pakistan alleging violation of Vienna Convention on Consular Relations. 1963 (VCCR). 
• The above was with regard to detention of Mr. Kulbhushan Jadhav since March 2016 on the grounds of performing the acts of espionage and terrorism on behalf of India and sentenced to death by a military Court in Pakistan in April 2017. 
• It is the case of India that Pakistan has acted in breach of obligations under Article 36 of the VCCR on the following grounds: 
  • by not informing India, without delay, of the detention of Mr. Jadhav 
  • by not informing Mr. Jadhav of his rights under Article 36 
  • by denying consular officers of India access to Mr. Kulbhushan Jadhav.

Issue Involved

• Whether Pakistan has acted in breach of obligations under Article 36 of the VCCR? 

Observations 

• The Court observed that under Article 36 Paragraph 1 (b) of the Vienna Convention, if a national of the sending State is arrested or detained, and “if he so requests”, the competent authorities of the receiving State must, “without delay”, inform the consular post of the sending State. 
• The Court noted that in this case the notification was made three weeks after the arrest. Therefore, the obligation to inform “without delay” as required under Article 36 has not been complied with. 
• Further, the Court observed that Article 36 also provides that consular officers have the right to arrange legal representation for a detained national of the sending State. 
• Any alleged failure on the part of India to cooperate in investigation will not be a ground to relieve Pakistan of it’s obligation to grant consular access. 
• Thus, the Court held that Pakistan had committed breach of Article 36 of the Vienna Convention.    
• The Court held that the proper remedy in this case would be to effectively review and reconsider the conviction and sentence of Mr. Jadhav. 

Conclusion 

• This is a very important judgment on International Law which is based on certain obligations that are imposed on the States as per the Vienna Convention on Consular Relations. 
• Also, this judgment had a far-reaching impact on the relations between India and Pakistan.