India on Monday got the first consular access to Kulbhushan Jhadav. India's Deputy High Commissioner Gaurav Ahluwalia met Jhadav at a sub jail for two hours starting 12 noon, Pakistan time.
India had accepted Pakistan's offer of consular access to Jhadav hoping that Islamabad '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.'
It is still not clear if any Pakistani diplomat was present in the room when the meeting took place.
Pakistan's second proposal for consular access was announced on Sunday. Islamabad had first sent the proposal for consular access on July 30th but India had rejected it since it was partial consular access.
At the time, New Delhi had called on Islamabad to provide full 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).'
The first Pakistani proposal had two riders - one that a Pakistani security personnel will be present during the the meeting and that 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 that a Pakistani officer will be present means Pakistan is contravening the convention.
The Pakistani proposals for consular access to Jadhav have come after New Delhi got a major diplomatic victory at the ICJ.
On July 17th, in its verdict, President of the ICJ - Abdulqawi Ahmed Yusuf - had 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."
ICJ had 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 who is the former Chief justice of Pakistan.
(Additional reporting by Anas Mallick in Islamabad)
