Tag: Kulbushan Jadhav

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India urges Pak to comply with ICJ judgement in Jadhav case

Jadhav has been sentenced to death by a Pakistani military court on charges of espionage and terrorism…reports Asian Lite News

India has called upon Pakistan to comply with the judgment of the International Court of Justice (ICJ) in Kulbhushan Jadhav’s case, Ministry of External Affairs spokesperson Arindam Bagchi said in a media briefing on Thursday.

Speaking over the case and the Pakistan bill providing for right of appeal to Jadhav, Bagchi said, “We call upon Pakistan to take appropriate steps to address the shortcoming in the Bill (ICJ (Review and Reconsideration) Bill, 2020 passed by Pakistan National Assembly) and to comply with the judgements of the ICJ in letter and spirit.”

He said the municipal court cannot be the arbiter of whether the State has fulfilled its obligation under international law.

Jadhav (50), a retired Indian Navy officer was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.

Kulbushan Jadhav

Subsequently, India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.

In July 2019, The Hague-based ICJ ruled that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also grant consular access to India without further delay.

Asked about the India-Pakistan cross-border terrorism, the MEA Spokesperson reiterated New Delhi’s stance that Jammu and Kashmir is an integral part of India and any kind of cross-border terrorism is unacceptable. Both sides (India and Pakistan) have cleared all pending assignment visas yesterday, he said. (INN)

ALSO READ: Jadhav must be transferred to a neutral country

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Qureshi blames previous govt of ‘complicating’ case

Pakistan's foreign minister Shah Mahmood Qureshi

“Pakistan Muslim League-Nawaz (government) complicated the case of Kulbhushan Jadhav,” said Pakistan foreign minister Qureshi…reports Asian Lite News

Pakistan’s foreign minister Shah Mahmood Qureshi has blamed the previous Pakistan Muslim League-Nawaz government for complicating the Kulbhushan Jadhav case.

Qureshi claimed that India was trying to take Pakistan again to the International Court of Justice (ICJ) for not implementing its verdict, the Hindustan Times reported.

“Pakistan Muslim League-Nawaz (government) complicated the case of Kulbhushan Jadhav,” Qureshi said on Sunday, according to news agency ANI, without explaining his comment.

Meanwhile, welcoming Pakistan’s decision to allow Indian national Kulbhushan Jadhav to appeal against his conviction in the country’s high courts, his friend said Islamabad’s recent move is a diplomatic win for India and the countrymen.

On Thursday, Pakistan’s National Assembly approved a bill allowing Indian national Kulbhushan Jadhav to appeal his conviction in the high courts of the country.

Kulbushan Jadhav
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Speaking to ANI, Arvind Singh, a friend of Kulbhushan Jadhav, deemed the passage of the bill as “good news” and expressed hope to see his friend, who was arrested by Pakistan forces in 2018, soon.

“This is very good news. It is our diplomatic win. Under international pressure, following the International Court of Justice’s verdict, Pakistan passed a bill in the national assembly that allows Kulbhushan Jadhav to appeal in High Courts. It is a win for India and countrymen,” he said.

“We are hoping that things will fasten up after this and we will see him among us soon. The government is making all efforts to bring him back through diplomatic channels and international pressure,” he added.

The bill seeks to provide a further right of review and reconsideration in giving effect to the judgment of the International Court of Justice (ICJ).

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.

Earlier this year, a larger bench of the Islamabad High Court (IHC) had resumed hearing of the case related to Jadhav and four other Indian prisoners who were under detention even after completion of their respective sentences.

In January, the Ministry of External Affairs (MEA) slammed Pakistan for not acting upon the ICJ’s 2019 judgment that had upheld India’s claim of the Pakistani regime committing the grievous violation of the Vienna Convention on Consular Relations on several counts regarding Jadhav. India has also lashed out at Pakistan for failing to provide consular access to Jadhav.

Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court in April 2017. Pakistan claims that Jadhav was arrested from Balochistan in 2016 on charges of espionage. India has rejected Pakistan’s allegations and said he was kidnapped from the Iranian port of Chabahar. (with inputs from ANI)

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Jadhav must be transferred to a neutral country

Kulbushan Jadhav

The ICJ successfully got a restraining order against the death sentence till the case was adjudicated…reports Dr Amjad Ayub Mirza

On June 11, in a bold move, Pakistan’s National Assembly managed to pass a bill that would give Kulbushan Jadhav, the Indian national and former naval officer, the right to appeal against accusations of espionage.

Jadhav was awarded death sentence by a Pakistan military court in April 2017. In May of the same year, India approached The Hague-based International Court of Justice (ICJ) complaining that Pakistan had denied consular access to Jadhav.

The ICJ successfully got a restraining order against the death sentence till the case was adjudicated.

In July 2019, the ICJ came up with its verdict. It demanded that Pakistan must review the death sentence. Forced by the ICJ verdict, Pakistan then granted India consular access to Jadhav.

It is in the light of the ICJ verdict that demands that he should be granted the right to appeal, that the National Assembly has passed the bill that would now allow him the right of appeal.

Although Pakistan passed the bill, the question is who will be reviewing the appeal when one is submitted? Given the hostile right-wing religious domestic environment in Pakistan towards India in general and Jadhav in particular there is convincing evidence that the decision against the appeal will be influenced by forces that manipulate public opinion to exert pressure of the judicial system and the subsequent decisions taken by Pakistani courts.

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Hence, Pakistan must allow Indian lawyers access to meet Jadhav and prepare his appeal against the death sentence as well as his honourable repatriation to India.

The court that should be set up in order to listen to the arguments of the defendant should be comprised of judges from a neutral country and the hearing should also take place in a neutral country.

Meanwhile, in my opinion Jadhav should be transferred to a prison in a neutral country too. His life is in constant danger in Pakistan since the negative hype created by the media and right-wing clergy in Pakistan has already induced in the psyche of the majority of Pakistani population that he is guilty as charged i.e. of involvement in anti-Pakistani state activities.

No substantial proof of his involvement in espionage activities has thus far convincingly been established. All we know about him is that he was an Indian businessman trading in Iran who was allegedly kidnapped and brought to Pakistan.

To ensure that Jadhav gets a fair hearing at the appeal, he must be transferred to a prison in a neutral country where a neutral panel of judges should hear the arguments presented against the accusations made by the Pakistani military. Currently, he remains in the custody of the Pakistan military.

(Amjad Ayub Mirza is an author and a human rights activist from Mirpur in PoJK. He currently lives in exile in the UK.)

ALSO READ: Pakistan to grant Jadhav right of appeal

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Pakistan calls on India to appoint counsel for Jadhav

Kulbushan Jadhav

Retired Indian Navy officer Jadhav was sentenced to death in 2017 by a military court in Pakistan on charges of espionage and terrorism…reports Asian Lite News

Pakistan has once against called on the Indian side to cooperate with its courts and appoint a counsel for Kulbushan Jadhav to implement the judgment of the International Court of Justice (ICJ).

Retired Indian Navy officer Jadhav was sentenced to death in 2017 by a military court in Pakistan on charges of espionage and terrorism. India had subsequently approached the ICJ against the denial of consular access to Jadhav, besides challenging the death sentence.

During a weekly press briefing at the Pakistan foreign office, a government spokesperson stated that it is hoped that “India will cooperate with the Pakistani court in giving full effect to the ICJ judgment”.

“The Indian side is once again urged to take the necessary steps, including the appointment of a legal counsel to represent Commander Jadhav in the case, so that legal proceedings could be duly concluded and full effect could be given to the judgment of the ICJ,” said foreign office spokesperson Zahid Hafeez Chaudri.

Pakistan’s demand comes in reference to the judgment of the International Court of Justice (ICJ) on 17 July 2019, cancelling the death sentence of Jadhav and calling for a trial into the allegations against him in the civilian court.

It is pertinent to mention here that the death sentence to Jadhav was handed over by a military court in Pakistan, which was not accepted by the ICJ.

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Pakistan has maintained that it is abiding by the ICJ judgment and has filed a case in the Islamabad High Court (IHC). However, the Indian High Commission (IHC), raising question over the high court’s decision to appoint a defence counsel in the case, has challenged the case.

The Indian High Commission, represented by Barister Shahnawaz Noon, has contested that the high court is not proceeding as per the requirements of the ICJ.

“India has stressed upon the rights granted to its citizen under the Vienna Convention and the ICJ’s decision. They have the right to arrange a legal counsel for their citizen,” he said.

The IHC has adjourned the proceedings till May 5, 2021.

Pakistan is insisting that it is fully implementing the ICJ judgment, accusing India for opting for delaying tactics in appointing a counsel for Jadhav.

“Pakistan remains committed to fully implementing the International Court of Justice judgment of July 17, 2019. It is hoped that India will cooperate with the Pakistani courts in giving full effect to the said judgment,” said Pakistan foreign office spokesperson.

On January 14, the Pakistan government was ordered by the IHC to contact the Indian government again regarding the appointment of a legal counsel for Jadhav.

In this regard, the chief justice of IHC, Athar Minallah, has stated that the Indian High Commission has not appointed a counsel yet despite being sent notices four times.

“The Indian government is apparently not serious in Jadhav’s matter,” Minallah said.

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