Jillan­i says Indian plea should have been found inadmi­ssible as conven­tion does not apply to spiesKARACHI: India’s reliance on the Vienna Convention on Consular Relations in the case of Kulbhushan Jadhav is misplaced and subverts the very object and purpose of the convention. The Pakistani jurist noted that Jadhav had an authentic Indian passport with a false Muslim name – Hussain Mubarak Patel. In the dissent, he opined that the court misconstrued and rendered meaningless Article 73, paragraph 2, of the Vienna Convention on Consular Relations, which does not preclude state parties from entering into subsequent bilateral agreements. As the Vienna Convention does not specifically deal with arrest and detention on political and security grounds, India and Pakistan negotiated and entered into an agreement within the meaning of Article 73, paragraph 2, of the Vienna Convention with a view to “supplement” and “amplify” its provisions. Even if the Vienna Convention is applicable in the case of Jadhav, Justice Jillani was of the view that Pakistan’s conduct does not constitute a breach of its obligations under paragraph 1 of Article 36.

Source: The Express Tribune July 17, 2019 18:33 UTC