India moved the ICJ in May in 2017 against the "farcical trial" by the military court of Pakistan against 48-year-old Jadhav.

Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India first approached the ICJ on May 8, 2017 for the "egregious violation" of the provisions of the Vienna Convention on Consular Relations, 1963 by Pakistan by repeatedly denying it consular access to Jadhav.  

Harish Salve representing India and Kulbhushan Jadhav in the ICJ: It is an egregious violation of the Vienna Convention, Salve said. "Jadhav's continued custody without consular access should be declared unlawful. There is no manner of doubt that Pakistan was using this as a propaganda tool. Pakistan was bound to grant consular access without delay. On 30th March 2016, India reminded Pakistan of its request of consular access (for Jadhav) & received no reply. 13 reminders were sent by India on various dates.  On 19th June, 2017, India responded to the request for assistance in investigation and pointed that not only Jadhav had been denied consular access but no credible evidence have been provided by Pakistan to show his involvement in any act of terrorism. His (Jadhav's) purported confession clearly appears to be coaxed."