Pakistan Plans To Amend Army Act To Let Kulbhushan Jhadav Appeal Against Conviction In Civilian Court

The move comes as a major victory for India and Jhadav as his case is currently being tried in the Military courts and the Army Act law forbids such individuals or groups from filing an appeal or seeking justice from a civilian court.

A special amendment is being carried out in the Army Act for the Indian national. (File Photo/ Getty)

Islamabad: The Imran Khan government in Pakistan is mulling over the amendment of its Army Act in order to allow Indian national Kulbhushan Jhadav the right to file an appeal in a civilian court, according to Pakistan's ARY News. The move comes as a major victory for India and Jhadav as his case is currently being tried in the Military courts and the Army Act law forbids such individuals or groups from filing an appeal or seeking justice from a civilian court. However, a special amendment is being carried out in the Army Act for the Indian national, the media house reported. Quoting well-placed sources, the news site reported that the move is being undertaken by Pakistan "in compliance with the International Court of Justice's condition" to allow Kulbhushan to file an appeal in a civilian court. Jadhav, 49, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. India has maintained that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy. India approached the International Court of Justice (ICJ) against the death sentence and also denial of consular access to him. On July 17, the ICJ ordered Pakistan to grant consular access to Jadhav and also continued stay on his execution, as well as "effective" review of the death sentence. India had argued that consular access was being denied to its national in violation of the 1963 Vienna Convention on Consular Relations. Rejecting Pakistan’s objection to admissibility of the Indian application in the case, the court in its 42-page order held that "a continued stay of execution constitutes an indispensable condition for the effective review" of the sentence of Jadhav that had strained relations between the two neighbouring countries. The bench, however, rejected some remedies sought by India, including annulment of the military court''s decision convicting Jadhav, his release and safe passage to India. Pakistan claims that its security forces arrested Jadhav from restive Balochistan province on March 3, 2016 after he reportedly entered from Iran. On September 2, Pakistan allowed Indian Charge d'Affaires Gaurav Ahluwalia to meet Jadhav at a Pakistani sub jail, after Islamabad granted him consular access in line with the ICJ direction. India has said it will keep trying to see that the ICJ judgement which was in India's favour, is fully implemented. Pakistan has not allowed a second consular meeting with Jadhav. (With inputs from agencies)