News Analysis India

Tag: Kulbhushan Jadhav

  • ‘It has shortcomings’: India criticises Pak bill on facilitating Kulbhushan Jadhav appeal against death sentence

    By PTI

    NEW DELHI: A day after Pakistan passed a bill to facilitate Indian prisoner Kulbhushan Jadhav appeal against his death sentence, India on Thursday said the law “simply codifies” the “shortcomings” of a previous ordinance and that Islamabad has “failed” to create an atmosphere to ensure a fair trial in the case.

    Spokesperson in the Ministry of External Affairs (MEA) Arindam Bagchi said Pakistan continues to deny unimpeded and unhindered consular access to Jadhav as mandated by the International Court of Justice (ICJ).

    “We have seen reports of Pakistan enacting into law the earlier ordinance that was ostensibly enacted to bring into effect the judgement of the ICJ in the Kulbhushan Jadhav case,” he said.

    “Nothing could have been further from the truth. As stated earlier, the ordinance did not create the machinery for an effective review and reconsideration of Shri Jadhav’s case as mandated by the judgement of the ICJ,” he said.

    Bagchi was responding to media queries on Pakistan enacting the law to bring into effect the judgement of the ICJ in the Jadhav case.

    “The law simply codifies the shortcomings of the previous ordinance. Pakistan continues to deny unimpeded and unhindered consular access to Jadhav and has failed to create an atmosphere in which a fair trial can be conducted,” he said.

    The MEA spokesperson said India has repeatedly called upon Pakistan to abide by the letter and spirit of the ICJ judgement.

    Jadhav, a 51-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.

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

    The International Court of Justice (Review and Re-consideration) Act of 2021 of Pakistan is on the lines of the ordinance Pakistan had brought out last year to facilitate Jadhav’s right to appeal against the death sentence.

    The bill was passed in a joint session of Parliament in Islamabad on Wednesday.

  • India ‘misrepresenting’ ICJ verdict in Kulbhushan Jadhav case: Pakistan

    By PTI
    ISLAMABAD: Pakistan on Saturday accused India of “misrepresenting” the verdict of the International Court of Justice (ICJ) in the Kulbhushan Jadhav case and asserted that it is ready to fulfil all obligations under the international law.

    India on Thursday asked Pakistan to address the “shortcomings” in a bill brought out to facilitate reviewing the case of Jadhav, saying the proposed law does not create a mechanism to reconsider it as mandated by the ICJ.

    Spokesperson in the Ministry of External Affairs Arindam Bagchi in New Delhi said the Review and Reconsideration Bill 2020 does not create a mechanism to facilitate effective review and reconsideration of Jadhav’s case as mandated by the ICJ judgement.

    He added that municipal courts cannot be the arbiter of whether a state has fulfilled its obligations in international law.

    Jadhav, a 51-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.

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

    Pakistan’s Foreign Office (FO) on Saturday said Islamabad abides by all its international obligations, and this applies to the ICJ judgment in the case of Jadhav.

    “It is regrettable that the Government of India has chosen to misrepresent the ICJ judgment which clearly states in Paragraph 147 that Pakistan is under an obligation to provide, by means of its own choosing, effective review and reconsideration of the conviction and sentence of Jadhav,” the FO said.

    In line with paragraph 146 of the ICJ judgment, Pakistan chose to provide Jadhav the right of review and reconsideration by superior courts of Pakistan through the ICJ (Review and Re-consideration) Ordinance, 2020, it said.

    “Pakistan’s commitment to uphold the ICJ judgment was again reflected by the passage of the ICJ (Review and Reconsideration) Bill for Review from the National Assembly of Pakistan,” it said.

    The FO said that ICJ judgment in para 118 also requires India to act in good faith, and arrange legal representation for Jadhav.

    “Regrettably, India has been engaging in a deliberate campaign to obfuscate the issue of appointment of a lawyer,” it alleged, adding that Pakistan had to initiate proceedings before the Islamabad High Court to request the Court to appoint a lawyer for Jadhav.

    It said the court repeatedly invited India to clarify its position and appoint a lawyer but “it continues to deliberately politicise the issue.”

    After India approached ICJ, it ruled in July 2019 that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.

    On Tuesday, the Islamabad High Court (IHC) adjourned the hearing of the government’s plea to appoint counsel for Jadhav till October 5 at the request of the Attorney General for Pakistan Khalid Javed Khan.

  • MEA says Bill passed by Pakistan has shortcomings, urges review

    By Express News Service
    NEW DELHI:  India on Thursday slammed Pakistan for passing the International Court of Justice (Review & Reconsideration) Bill, 2020, with ‘shortcomings’ and urged Islamabad to address them. The Bill was passed by Pakistan’s National Assembly last week and provides right to appeal to Indian death-row convict Kulbhushan Jadhav.

    “The bill has a provision for inviting the municipal court to decide whether any prejudice has been caused to Jadhav on account of the failure to provide consular access in accordance with a verdict of the International Court of Justice (ICJ). We call upon Pakistan to take steps to address the shortcomings in the Bill,” Ministry of External Affairs spokesperson Arindam Bagchi said. He  added a municipal court cannot be the arbiter of whether the state has fulfilled its obligation under international law.

    Bagchi said the Bill further invites the municipal court to sit in appeal, as it were, over the judgement of the ICJ. Jadhav, a retired Navy officer, was arrested and sentenced to death by a Pakistani court on charges of espionage and terrorism. India approached ICJ for denial of consular access to Jadhav. The ICJ ruled in avour of India and directed Pakistan to make provisions for review of the sentence.

    Afghanistan issue part of India-Qatar talksIndia on Thursday confirmed that the Afghanistan issue was discussed between External Affairs Minister S Jaishankar and top Qatari leadership during his two visits to the Gulf nation. The Ministry of External Affairs said the leaders exchanged views on the Afghanistan situation.

  • India asks Pakistan to address shortcomings in bill relating to Kulbhushan Jadhav’s right to appeal

    By PTI
    NEW DELHI: India on Thursday asked Pakistan to take appropriate steps to address the shortcomings in a bill introduced in the country’s national assembly last week providing for the right of appeal to Indian death-row convict Kulbhushan Jadhav.

    Spokesperson in the Ministry of External Affairs (MEA) Arindam Bagchi said the bill has a provision for inviting the municipal court to decide whether any prejudice has been caused to Jadhav on account of the failure to provide consular access in accordance with a verdict of the International Court of Justice (ICJ).

    “We call upon Pakistan to take appropriate steps to address the shortcomings in the bill,” Bagchi said at a media briefing.

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

    ALSO READ: Pakistan court adjourns Kulbhushan Jadhav’s case till October 5

    Bagchi also called upon the neighbouring country to comply with the judgment of the ICJ in the case relating to Jadhav.

    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.

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

    The Hague-based ICJ ruled in July 2019 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.