Pak allows Jadhav to file appeal in civilian court
New Delhi, Nov
13: New Delhi: Pakistan is amending its Army Act, under which former Indian
Navy officer Kulbhushan Jadhav was sentenced to death, in keeping with the
International Court of Justice (ICJ) direction to allow him the right to file
an appeal in the civilian court.
News agency ANI
quoted Pakistani media as saying on Wednesday that the act in its present form
forbids individuals or groups being tried in military courts from filing an
appeal in the civilian court, but special amendment was being made for Jadhav.
Jadhav, a retired
Indian navy commander, was tried as a spy under the act by the Pakistani
military after he was captured in 2016. India says that he was kidnapped by
Pakistani agencies from Iran and brought to Pakistan. Pakistan had claimed that
Jadhav was arrested from its restive province of Balochistan. It notified India
about it through a press release on March 25, 2016, 22 days after he was picked
Jadhav, who hails
from Powai in Mumbai, was subjected to an opaque military trial, which
sentenced him to death on April 10, 2017, even as Pakistan government kept rejecting
India’s repeated pleas for consular access.
The ICJ, which
was moved by India on May 8, 2017, gave a detailed verdict this year, rejecting
all the objections of Pakistan, including one unanimously on the admissibility
of the case and also the claims by Islamabad that India had not provided the
actual nationality of Jadhav.
In the judgment,
the ICJ said that it was satisfied that Jadhav was an Indian national and that
the fact had been acknowledged by both Pakistan and India.
The court, in its
ruling by 15-1, ordered “a continued stay of execution” on Jadhav,
saying it “constitutes an indispensable condition for the effective review
and reconsideration of the conviction and sentence” of the accused.
It said it
“finds that the appropriate reparation in this case consists in the
obligation of the Islamic Republic of Pakistan to provide, by the means of its
own choosing, effective review and reconsideration of the conviction and
sentence of Mr. Kulbhushan Sudhir Jadhav, so as to ensure that full weight is
given to the effect of the violation of the rights set forth” in the
Vienna Convention on consular access.
Following the ICJ
ruling, India was granted consular access to Jadhav on September 2 but Pakistan
has refused to “share any further details” of the meeting between
Jadhav and Indian Charge d’ Affaires Gaurav Ahluwalia in a Pakistani sub jail.
It has since then ruled out a second consular meeting but the Ministry of
External Affairs said it will keep making efforts to ensure the ICJ verdict is fully