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The case was mentioned in Pakistan’s top court as it was claimed that the right to appeal was not provided to Kulbhushan Jadhav.
Kulbhushan Jadhav (AP Image)
Kulbhushan Jadhav was not allowed the right to appeal in light of a 2019 International Court of Justice (ICJ) verdict as the international court had only addressed the issue of consular access in that case, Pakistan’s Supreme Court was told by the country’s Defence Ministry.
The case was mentioned in Pakistan’s top court as it was said that the right to appeal was not provided to Kulbhushan Jadhav but the same facility was not being extended to Pakistani citizens who had been convicted by the military courts for their involvement in the May 9, 2023 violence.
Representing the ministry, lawyer Khawaja Haris Ahmed said that the International Court of Justice had not directed Pakistan to provide a right of appeal but rather emphasized facilitating diplomatic access to Kulbhushan Jadhav, Dawn reported.
In 2017, Kulbhushan Jadhav was sentenced to death by a Pakistani military court. In 2019 the International Court of Justice said Pakistan was under an obligation to provide effective review and reconsideration of the conviction and sentence of Kulbhushan Jadhav. At the time, ICJ had ruled that Pakistan was in breach of its international obligations because of the failure to provide consular access to Kulbhushan Jadhav.
In 2021, the Pakistan National Assembly adopted a bill to give Kulbhushan Jadhav right of appeal. Pakistan enacted the International Court of Justice (Review and Re-consideration) Act 2021 and the law allowed for the review and reconsideration of military court orders, including those related to foreign nationals, to ensure compliance with the Vienna Convention, the court was told.
Kulbhushan Jadhav was captured in Balochistan in March 2016, the Pakistani government claimed, saying that he was arrested during a counterintelligence raid conducted by security forces. India has denied the claim and said that Kulbhushan Jadhav was abducted from Baluchestan, Iran and that he was running a business in the Iranian port city of Chabahar after a “premature retirement” from the Navy.
