Pakistan’s parliament has extended an ordinance for four months allowing death row inmate Kulbhushan Jadhav to appeal his sentence to a higher court, in accordance with a ruling by the International Court of Justice.
The International Court of Justice (Review and Reconsideration) Ordinance, issued in May, expired on September 17. It allows Jadhav, sentenced to death by a Pakistani military court for alleged espionage, to appeal against his conviction in Islamabad. Supreme Court.
In August, the court ordered the government to inform India to appoint a lawyer for the former Indian Navy officer to file a petition for review.
On September 3, the court heard the case a second time and ordered the government to give India “another chance” to appoint a lawyer to represent Jadhav. The case will now be heard in October.
The address came after Pakistan’s Attorney General Khalid Javed Khan reported to the highest court of the high court, composed of Chief Justice Athar Minallah, Justices Aamer Farooq and Miangul Hassan Aurangzaib, that the government of Pakistan he had not yet received a response from India on the matter.
He said that Jadhav had maintained that he does not want to benefit from the ordinance for an effective review of the case, and requested that his clemency declaration, already pending before the Pakistani Army chief, be considered instead.
He added that despite the fact that a month had passed since the high court ordered the government to offer another opportunity for legal representation to New Delhi, no response had been received.
On August 6, the court formed a larger three-member court at the request of the government to appoint a lawyer for Jadhav for his appeal against the death penalty.
A special bank headed by Chief Justice Athar Minallah and Judge Miangul Hassan Aurangzeb had ordered the Registry Office to form a larger bank in a written order. The court had also ordered the government to make another offer to India and Jadhav through the Foreign Ministry to hire a lawyer.
The court said in its order that it is refraining from appointing a lawyer for Jadhav. He added that the government of Pakistan should inform Jadhav about his rights under article 36 of the Vienna Convention.
The court further noted that Jadhav was informed of the ICJ’s decision, adding that he was informed of his rights under the ordinance. Pakistan should also inform India of this court order, he added.
Jadhav was arrested on March 3, 2016 in Baluchistan on espionage charges and sentenced to death by a military court the following year.
On July 16, Pakistan provided Jadhav with consular access, but the Indian government said the access was “neither significant nor credible” and that he appeared visibly under stress. The Foreign Ministry said Pakistan is not only violating the ICJ ruling, which called for an effective review and reconsideration of Jadhav’s conviction and sentence, but also its own ordinance.
Ministry spokesman Anurag Srivastava had said Pakistan systematically blocked all attempts by India to seek remedies for Jadhav.
India addressed the ICJ against Pakistan for denying Jadhav consular access and defying the death sentence.
The Hague-based court ruled last July that Pakistan must carry out an “effective review and reconsideration” of Jadhav’s conviction and sentence and also grant consular access to India without further delay.
(With contributions from Agencies)
.
