Its the ICJ effect! Pakistan to amend Army Act allowing Kulbhushan Jadhav to appeal in civilian court

Islamabad, November 13: Bashed at the international forum, Pakistan was on the radar of International Court of Justice when the verdict on Kulbhushan Jadhav was underway. Abiding to the decision taken by the ICJ, Pakistan is in the process of amending its Army Act to allow Kulbhushan Jadhav the right to file an appeal in a civilian court.

 

According to the Pakistan media, it said that Jadhav was tried under Military courts and the Army Act forbade such individuals or groups from filing an appeal and seeking justice from the civilian court. “But a special amendment is being made for Kulbhushan Jadhav,” it said. Pakistan, in compliance with the International Court of Justice’s condition to allow Kulbhushan Jadhav the right to file an appeal in a civilian court, is amending its Army Act accordingly.

This year in July, the International Court of Justice (ICJ) found that Pakistan had violated its obligations under Article 36 of the Vienna Convention by not granting the consular access to Jadhav. In its judgement dated July 17, the international court said that Pakistan was under an obligation to provide effective review and reconsideration of the conviction and sentence of the Indian national. The ICJ also said that Pakistan had acted in breach of its obligations under Article 36 of the Vienna Convention by not informing Jadhav of his rights, by not informing India of the arrest and detention of Jadhav and by denying access to Jadhav by consular officers of India.

Following the judgement, Pakistan granted consular access to Jadhav on September 2. India’s Deputy High Commissioner in Islamabad Gaurav Ahluwalia met the Indian national in the presence of officials of the Government of Pakistan.

In 2016, Pakistan announced that it had arrested Jadhav from Balochistan while carrying out an anti-terror operation. A year later, Jadhav was sentenced to death by Pakistan army on charges of espionage. India rejected the spying charge and said that Jadhav is a retired navy officer who was kidnapped from Iran.