Uncontrolled and indiscriminate entry of persons, Hindu or Muslim, from Pakistan into India or from India to Pakistan, is fraught with the possibility of espionage and sabotage. When employed for espionage, care is taken to see that he does not know who his real employers are but knows only the name of his contact man, whose name is generally an alias.
“India and Pakistan have been parties to The Vienna Convention on Consular Relations since 28 December, 1977 and 14 May, 1969 respectively. The Court concludes that The Vienna Convention is applicable in the present case, regardless of the allegations that Mr. Kulbhushan Sudhir Jadhav was engaged in espionage activities.
The Court considers that there were sufficient grounds at the time of the arrest on 3 March, 2016 or shortly thereafter for Pakistan to conclude that the person was, or was likely to be, an Indian national, thus triggering its obligation to inform India of his arrest in accordance with Article 36, Paragraph 1 (b), of The Vienna Convention.
The Court considers that the breaches by Pakistan constitute internationally wrongful acts of a continuing character. The Court is of the view that Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of The Vienna Convention.
The Court considers the appropriate remedy in this case to be ‘effective review and reconsideration’ of the conviction and sentence of Mr. Jadhav, including, if necessary, by enacting appropriate legislation. The Court considers that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration.”
– Hon’ble President Abdulqawi Ahmed YUSUF, India v. Pakistan, International Court of Justice, 17.07.2019.