Pakistan has denied Indian national Kulbhushan Jadhav the right to appeal against his death sentence, even though the 2019 International Court of Justice (ICJ) ruling as well as Pakistan’s own legal framework is against it.
The refusal was made via the defence ministry, who informed Pakistan’s Supreme Court that Kulbhushan Jadhav had not been given consular access but, rather, the right to appeal his conviction.
This reversal constitutes a clean departure from previous arguments that he received a reasonable chance for judicial remedies. The matter now shines light on Pakistan’s legal dualism, in which foreigners and natives receive disparate treatment under the judgements of military courts.
Pakistan’s Supreme Court U-turn
The Defence Ministry informed a seven-judge constitutional bench that Kulbhushan Jadhav never had appeal rights. This was said in reply to an argument that he was accorded special legal privilege not accorded to Pakistani nationals convicted during the May 9 violence.
Kulbhushan Jadhav, an Indian national in a Pakistani jail on espionage charges, was denied the right to appeal despite a 2019 ICJ ruling, which only focused on consular access, not his appeal rights https://t.co/3J9P1UphiF
— Business Standard (@bsindia) April 19, 2025
Attorney Khawaja Haris Ahmed, who appeared for the ministry, confirmed that Kulbhushan Jadhav received only consular access, in accordance with the ICJ order of 2019. Still, no appeal process was ever made available to him, going against Pakistan’s earlier stance.
What the ICJ Really Ordered ?
In 2019, the ICJ held that Pakistan had breached Article 36 of the Vienna Convention, which requires consular access to foreign nationals. The ICJ suspended Kulbhushan Jadhav’s execution and ordered Pakistan to reconsider the verdict of the military court.
In turn, Pakistan passed the ICJ (Review and Reconsideration) Act, 2021. The legislation enabled foreign nationals who were tried and convicted by military courts to approach for a review. This step was interpreted as an effort to demonstrate compliance with the ICJ judgment. But the recent refusal betrays the disconnect between legal arrangements and their effective enforcement.
Story Behind Jadhav’s Arrest
Kulbhushan Jadhav, an ex-Indian Navy commander, was operating a business in Chabahar, Iran, when he was allegedly kidnapped by Pakistan. He was arrested in Chaman, along the Pakistan-Afghanistan border, on March 3, 2016.
Pakistan sentenced him to death in April 2017 on charges of espionage and sabotage. India disapproved of the sentence, terming it a case of “premeditated murder” and took up the issue at the ICJ.
Pakistan’s Earlier Legal Assurances
In March 2022, the Islamabad High Court observed that a fair trial is a fundamental right, even for foreign nationals. The court also requested India to send a consular officer to attend review hearings.
Subsequently, in June 2021, Pakistan’s National Assembly had enacted a bill that unambiguously granted Jadhav the right of appeal. The legislation was intended to demonstrate compliance with the ICJ directives. It now seems that the defence ministry’s current statement negates that stance completely.
The Real Issue: Legal Double Standards
This U-turn is more fundamentally troubling about legal consistency in Pakistan. If military court judgments are shielded from appeal—even for foreign nationals after an ICJ decision—then Pakistan’s dedication to justice is questionable.
Pakistan’s denial of the right to appeal to Jadhav while withholding similar rights from its own citizens is a pattern. Both categories are subject to the same absence of legal protection, which exposes the larger issue of untrammeled military court authority.
Diplomatic Fallout Ahead?
Pakistan’s failure to respect international verdicts and domestic law could draw in more diplomatic criticism. India’s current restraint could wear thin, particularly with international focus on norms of fair trial. Kulbhushan Jadhav’s case may now serve as a test of Pakistan’s judicial credibility globally.
