Pakistan earlier today claimed that Jadhav has refused to file a review petition in the Islamabad High Court against his death sentence handed down by a Pakistani Army court in April 2017.
Rejecting the remarks, Ministry of External Affairs spokesperson Anurag Srivastava while speaking to reports said that claims made by Pakistan seeks to mask its continuing reticence to implement ICJ judgment in letter and spirit.
"We've been pursuing through diplomatic channels full and effective implementation of the ICJ judgment in the case of Kulbushan Jadhav. Pakistan’s claim that Jadhav, who is incarcerated in Pakistan’s custody, has refused to initiate review petition is a continuation of the farce that has been in play for the last four years," Srivastava told reporters.
He went on to say that Kulbushan Jadhav who has been sentenced to execution through a farcical trial, has been coerced by the Pakistani government to forego his rights to seek implementation of the ICJ judgement.
"He has clearly been coerced to refuse to file a review in his case. India sought unimpeded access to Jadhav to discuss his remedies under the Ordinance. In a brazen attempt to scuttle even the inadequate remedy under the Ordinance, Pakistan has obviously coerced Kulbushan Jadhav to forego his rights to seek implementation of the judgment of the ICJ," said MEA spokesperson.
Jadhav is a retired Indian Navy officer. Pakistan had alleged that Jadhav was a senior Indian intelligence officer who entered the country from Iran illegally to carry out acts of sabotage at the time of his arrest. India, however, maintains that Jadhav was kidnapped from Iran were he had his business after retiring from the Navy.
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Srivastava told journalists that Pakistan had earlier passed an ordinance to allow for the High Court to review the sentence awarded by their military court. The country all along maintained that their laws allowed for effective review and reconsideration while we have protested it all along.
"Now, after almost a year, they've made a u-turn and issued an ordinance to ostensibly provide for some sort of review. We've already expressed our serious concerns at the content of the ordinance and how it violates ICJ judgment," Srivastava said, adding that Pakistan is only seeking to create an illusion of remedy.
The official further briefed that India all this while repeatedly asked to allow a lawyer from outside Pakistan to appear for Jadhav in any review and reconsideration proceedings however, Pakistan continues to deny access to Kulbushan Jadhav.
"Since 2017, when Military Court carried out a farcical trial, Pakistan has refused to hand over any relevant document, including FIR, evidence, court order, etc in the case to India. Clearly, Pakistan is attempting to create a mirage of compliance with the ICJ judgment, which has already held that Pakistan is in egregious violation of international law. Government will do its utmost to protect Jadhav and ensure his safe return to India. To that end, it would consider all appropriate options," Srivastava said.