The ICJ bya vote of 15-1 on Kulbhushan Jadhav case has upheld India`s claim that Pakistanis in egregious violation of the Vienna Convention on Consular Relations onseveral counts, Ministry of External Affairs (MEA) said on Wednesday. "Wewelcome the justice delivered by the ICJ at The Hague in favour of India. Thecourt by a vote of 15-1 has upheld India`s claim that Pakistan is in egregiousviolation of the Vienna Convention on Consular Relations on severalcounts," MEA spokesperson Raveesh Kumar said at a press conference here.

"We alsoappreciate the direction of the ICJ that Pakistan should review and reconsiderthe conviction and sentence given to Jadhav by Pakistani military court,"he added.

India has urgedPakistan to immediately provide consular access to Jadhav, as per the court`sdirective. Kumar said, "We note the ICJ has directed Pakistan is underobligation to inform Jadhav without further delay and provide Indian consularofficers access to him according to the Vienna Convention. We expect Pakistanto implement the directive immediately."He said the verdict validatesIndia`s position on the matter and asserted that the government will continueits efforts to secure Jadhav`s release."We will continue to work forJadhav`s early release and return to India," he said.In its order, thecourt said that a continued stay on Jadhav`s execution constitutes anindispensable condition for the review of sentencing.

"The Courtrecalls that it indicated a provisional measure directing Pakistan to take allmeasures at its disposal to ensure that Mr Jadhav is not executed pending thefinal decision in the present proceedings (Jadhav (India v Pakistan),Provisional Measures, Order of 18 May 2017, I.C.J. Reports 2017, p. 246, para.61 (I))."The Court considers that a continued stay of executionconstitutes an indispensable condition for the effective review andreconsideration of the conviction and sentence of Jadhav," said ICJpresident Abdulqawi Ahmed Yusuf, who read out the 42-page judgement on thepetition filed by India in May 2017 against Pakistan`s military courtsentencing of Jadhav.Jadhav, 49, was purportedly "arrested" fromBalochistan by Pakistani security forces on March 3, 2016, after he entered thecountry from Iran as claimed by Islamabad. India has rejected Pakistan`s claimsand has always maintained that Jadhav was in Iran on a business trip. He hasbeen in jail since March 2016.

The ICJ order said,"To conclude, the Court finds that Pakistan is under an obligation toprovide, by means of its own choosing, effective review and reconsideration ofthe conviction and sentence of Mr. Jadhav, so as to ensure that full weight isgiven to the effect of the violation of the rights set forth in Article 36 ofthe Vienna Convention, taking account of paragraphs 139, 145 and 146 of thisJudgment."The 16-member Court unanimously found that it had jurisdictionto go into the case under the Vienna Convention to entertain the application filedby India on May 8, 2017. By 15 votes to one, it rejected the objections raisedby Pakistan to the admissibility of India`s petition.

The Court by 15 votesto one also held that by not informing Jadhav without delay of his rights underthe Vienna Convention on consular relations, Pakistan breached the obligationsincumbent upon it under the provision.The Court also found that by not notifyingthe appropriate consular post of India in Pakistan without delay of thedetention of Jadhav and thereby depriving India of the right to render theassistance under the Vienna Convention to him Islamabad has breached theobligation incumbent upon it.The Court held that Pakistan is under obligationto inform Jadhav without further delay of his rights and to provide Indianconsular access to him under the Vienna Convention.The ICJ found that Pakistanacted in breach of its obligations of Vienna Convention by not informing Jadhavof his rights under Article 36, by not informing India without delay the arrestand detention of Jadhav and by denying consular access to him to arrange forlegal representation.However, the international court rejected India`ssubmission that it declares the sentence handed down by Pakistan`s militarycourt as violative of international law and the provisions of the ViennaConvention.On the other hand, the Court also concluded that none of Pakistan`sallegations relating to abuse of rights by India justified breaches by Pakistanof its obligations under Article 36 of the Vienna Convention.

"Pakistan`sarguments in this respect must, therefore, be rejected," the Court held.

Referring to theremedies sought by India, including a declaration that the sentence ofPakistan`s military court is violative of international law and GenevaConvention, the Court considered that the breaches by Pakistan in this regardconstituted "internationally wrongful acts of a continuing character."