Pakistan and India both are claiming victory in the Kulbhushan Jadhav case. India says that the consular access granted to Jadhav is Indian's victory. However, it must not be forgotten that India had demanded the verdict by Pakistani military court to be set aside and Jadhav be granted an acquittal and return to India.
On the other side, Pakistan is claiming that the grant of consular access to Jadhav is India's defeat since India had failed to get the other three requests accepted. Pakistan had denied Kulbhsuhan Jadhav the right to consular access on the grounds that in 2008, a bilateral agreement between India and Pakistan overrode the Vienna Convention under which granting access to consular is mandatory.
However, the ICJ refused to accept Pakistan's plea on this front and ruled that Jadhav should be provided with the consular access. The ICJ also suspended the death sentence of Kulbhushan Jadhav and ruled in favour of a retrial in a higher Pakistani court.
On the other side, Pakistan is claiming that the grant of consular access to Jadhav is India's defeat since India had failed to get the other three requests accepted. Pakistan had denied Kulbhsuhan Jadhav the right to consular access on the grounds that in 2008, a bilateral agreement between India and Pakistan overrode the Vienna Convention under which granting access to consular is mandatory.
However, the ICJ refused to accept Pakistan's plea on this front and ruled that Jadhav should be provided with the consular access. The ICJ also suspended the death sentence of Kulbhushan Jadhav and ruled in favour of a retrial in a higher Pakistani court.