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INDIA
According to the Vienna Convention, Article 36, "Consular officer shall be free to communicate with nationals of the sending State and to have access to them" and the fact a Pakistani officer will be present means Pakistan is contravening the convention.
India has accepted Pakistan's offer of consular access for Kulbhushan Jhadav. India's Deputy High commissioner at the mission in Islamabad Gaurav Ahluwalia will be meeting Jhadav for approximately two hours.
Remember India has been seeking consular access for Jadhav for the last 3 years.
A souces said, "We hope that the Pakistan will ensure right atmosphere so that the meeting is free, fair, meaningful and effective in keeping with the letter and spirit of the ICJ orders."
Pakistan for the second time has offered consular access for abducted Indian in its jail — Kulbhushan Jhadav today.
Pakistan foreign ministry spokesperson Dr Mohammad Faisal in a tweet on Sunday said, "Consular access for Kulbhushan Jadhav, a serving Indian naval officer and RAW operative, is being provided on Monday 2 September 2019, in line with Vienna Convention on Consular relations, ICJ judgment & the laws of Pakistan".
Pakistan had first sent the proposal for consular access on 30th July but India had rejected it since it was partial consular access.
Calling Islamabad to provide full consular access for Jhadav, India in its response asked Pakistan to provide "unimpeded consular access" in an "environment free from the fear of intimidation and reprisal, in the light of the orders of the international court of justice (ICJ)".
Pakistani proposals had two riders — one that Pakistani security personnel will be present in the meet and there will be CCTV cameras present in the room.
According to the Vienna Convention, Article 36, "Consular officer shall be free to communicate with nationals of the sending State and to have access to them" and the fact a Pakistani officer will be present means Pakistan is contravening the convention.
The Pakistani proposal for consular access for Kulbhushan Jadhav after New Delhi got a major diplomatic victory at the ICJ.
On 17th July, in its verdict, President of the International Court of Justice Abdulqawi Ahmed Yusuf said, "Islamic Republic of Pakistan is under an obligation to inform Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations"
The Court declared that Pakistan is under an obligation to inform Jadhav without further "delay of his rights."
The court unanimously found that it had jurisdiction in the case and by a vote of 15-1, pronounced its verdict, with the sole dissenting Judge being Ad Hoc Judge Tassdduq Hussain Jillani was is the former Chief justice of Pakistan.