Kulbhushan Jadhav Case: ‘Abide By Letter & Spirit Of ICJ Judgement,’ India Tells Pakistan Over Enacting Law

The statement comes after the Pakistan Parliament, in a joint sitting on Wednesday, passed a bill that will give Indian national Kulbhushan Jadhav the right to appeal against his conviction. 

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New Delhi: India on Thursday responded to the development of Pakistan enacting a law that gives Indian national Kulbhushan Jadhav the right to appeal against his conviction, in adherence with the judgment of the International Court of Justice (ICJ).

In response to a media query on the issue, Ministry of External Affairs Official Spokesperson Arindam Bagchi said: “We have seen reports of Pakistan enacting into law the earlier ordinance that was ostensibly enacted to bring into effect the judgement of the International Court of Justice (ICJ) in the Kulbhushan Jadhav case. Nothing could have been further from the truth. As stated earlier, the ordinance did not create the machinery for an effective review and reconsideration of Shri Jadhav’s case as mandated by the judgement of the ICJ”.

“The Law simply codifies the shortcomings of the previous ordinance. Pakistan continues to deny unimpeded and unhindered consular access to Shri Jadhav and has failed to create an atmosphere in which a fair trial can be conducted,” he added.

It was emphasised that India has repeatedly called upon Pakistan “to abide by the letter and spirit of the ICJ judgement”.

The statement comes after the Pakistan Parliament, in a joint sitting on Wednesday, passed a bill that will give Indian national Kulbhushan Jadhav the right to appeal against his conviction. 

The International Court of Justice (Review and Re-consideration) Bill, 2020, was moved by Law Minister Farogh Nasim. It was passed with a majority vote, Dawn reported. 

Earlier, the ICJ in its judgment on July 17, 2019, observed that Pakistan was under an obligation to provide by means of its own choosing effective review and reconsideration of the conviction and sentence of Kulbhushan Jadhav. 

The ICJ had ruled that Pakistan was violating its international obligations because of the failure to provide consular access to Kulbhushan Jadhav. 

On June 10 this year, the Pakistan National Assembly adopted a bill to give the right of appeal to Kulbhushan Jadhav. The bill seeks to provide a further right of review and reconsideration in giving effect to the judgment of the International Court of Justice, news agency ANI cited Ary News as reporting. 

It was adopted by the National Assembly after approval from the 21-member standing committee. According to the bill, the High Court has the power to review and reconsider where the ICJ, in relation to a foreign national, passes an order in respect of rights under the Vienna Convention of Consular Relations or a foreign national is aggrieved in respect of the rights available under the same.

Kulbhushan Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court in April 2017. 

While Pakistan claims that Kulbhushan Jadhav was arrested from Balochistan in 2016 on charges of espionage, India continues to reject Pakistan’s allegations and maintains that he was kidnapped from the Iranian port of Chabahar. 

(With Agency Inputs)