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Pakistan argued the convention did not apply in cases where a foreign national was conducting espionage. The judgment, however, rejected the Indian demand that Jadhav's conviction by a military court be dismissed, calling instead for the verdict to be reviewed in light of the ICJ's ruling on the consular access violation. Jadhav, a former Indian navy officer, was arrested by Pakistani authorities in the southwestern province of Balochistan in March and charged with espionage. Pakistan rejected the move, saying India was attempting to absorb Kashmir into its territory, in violation of United Nations resolutions that have ordered a plebiscite to be held in the mountainous territory to decide its fate. Jadhav was allowed to meet his mother and wife in December Pakistan and India have fought two of their three wars of Kashmir, which both claim in full but administered separate portions of.

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