Indian Government approached ICJ and mentioned in the appeal, clear violations of Vienna convention on consular relations, Indian government also told the court that Khulbhushan Jadhav was handpicked by Pakistan and illegally transported to Pakistan from Iran, government might produced substantial evidence to prove Jadhav’s legal business activates in Iran after taking retirement from Indian Navy. Pakistan claimed that Khulbhushan Jadhav, Indian spy was arrested from Baluchistan on 3rd march 2016.
According to press release issued by ICJ, Indian government argued that it was not informed of Jadhav’s custody until long and Pakistan botched to tell Jadhav of his rights during custody. Indian Government also informed, Jadhav’s arrest, court proceedings and death penalty came in light only through media and press, Pakistani authorities made no attempts to officially inform Indian government. Indian government repeatedly asked Pakistan for consular access which Pakistan authorities denied on grounds of Jadhav’s involvement in espionage and terrorist activities in Pakistan.
Later in 1971 India has swung to the ICJ, during a clash with Pakistan. In 1971 India pulled back Pakistan's over flight rights after the hijack of an Indian Airlines flight to Lahore in January. ICJ favored Pakistan as India could not deny.
In 1973 Pakistan needed to stop the repatriation of 195 of its nationals to Bangladesh from Indian guardianship after the 1971 war to stand trial on charges of genocide, after a year Pakistan pulled back the case.
Pakistan moved to ICJ in 1999 after its military plane was shot down in Indian air space over the Rann of Kutch. India confronted the case on the issue of purview and the ICJ maintained New Delhi's position.
Consular is a help, help and guidance given by the diplomatic agent of a nation to person of that nation who are living or voyaging in another nation. The diplomatic agent can help him with documents, information and any kind of legal help required.
In 1963, 179 nations including India and Pakistan ratified Vienna Convention on Consular Celations (VCCR), a international treaty on framework on counselor relationship between nations. Whereas India has not shown much interest in reaching to ICJ in last many years and in 1974 fixed the jurisdiction in reaching out to ICJ on various disputes, India kept the commonwealth nations out of it to resolve such matters bilaterally. Common wealth nations are the British colonies where India and Pakistan both are participants.
ICJ was formed in 1945 by UN , UN member countries are automatic participants of ICJ, whereas all countries has passed declarations and fixed the jurisdiction of ICJ in their respective nation . ICJ have 15 international judges selected from various nations for the term of 9 years . ICJ’s main function is to resolve disputes which are bought to notice by UN member nation.