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Pakistan again offers consular access to Kulbhushan Jadhav, with riders; India 'studying offer'

For the second time since the ICJ verdict, Pakistan has said it will provide India consular access to Indian national Kulbhushan Jhadav for 2 hours on Monday, an offer New Delhi is said to be "studying."

Jadhav, 49, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. 

The Pakistani proposal for consular access for Kulbhushan Jadhav comes one and half month after New Delhi got a major diplomatic victory at the International Court of Justice (ICJ), which stayed his execution.

Consular access for Indian spy Commander Kulbhushan Jadhav is being provided on Monday 2 September 2019, Pakistan's Ministry of Foreign Affairs Spokesperson Mohammad Faisal said. "This is in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan."

The proposed time for the meeting between Indian officials and Jadhav is 12 noon (Pakistan standard time) for 2 hours. 

Sources in India said it is "studying the offer."  "Our position on the access has been clarified that it should be nothing short of unimpeded and unrestricted access". 

Earlier this month, India had rejected Pakistan's proposal of partial consular access and demanded full consular access to Jadhav.

The second offer is similar to the first with two riders — first that Pakistani security personnel will be present during the meet and that there will be CCTV cameras present in the room.

Pakistan had earlier sent its proposal on July 30.

According to Vienna Convention's Article 36, "Consular officer shall be free to communicate with nationals of the sending State and to have access to them" and the fact that Pakistan would keep an officer present during Indian officials' meet with Jadhav means Pakistan is contravening the convention.

Calling on Islamabad to provide full consular access to Jadhav, 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)", according to government sources.

On July 17, 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 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, who is the former Chief Justice of Pakistan.

India was first informed of Jadhav, who was abducted from Iran, about his custody by Pakistani authorities on March 25, 2016, after which in 2017, Islamabad announced that a military court has awarded him a death sentence.

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