Kulbhushan Jadhav, the Indian national held in a Pakistani jail on espionage charges, was not granted the right to appeal following the 2019 International Court of Justice (ICJ) verdict because it only addressed consular access, Pakistan’s Supreme Court was told. The revelation came during a constitutional bench hearing on Wednesday, as reported by Dawn.
The ICJ ruling in June 2019 upheld India’s plea, affirming Mr Jadhav’s right to consular access and instructing Pakistan to “review and reconsider” his conviction and death sentence. However, Pakistani officials now argue that this did not translate into an obligation to allow him to appeal the verdict in court.
Pakistan Lawyer Compares With May 9 Riot Convictions
During proceedings concerning Pakistani citizens convicted by military courts for their alleged role in the May 9, 2023 protests—referred to by the government as “Black Day”—Pakistan’s Defence Ministry lawyer Khawaja Haris Ahmed brought up Jadhav’s case to highlight a legal inconsistency.
Mr Ahmed said that while Jadhav was granted access to appeal after the ICJ ruling, the same right had not been extended to Pakistani citizens convicted over the May 9 incidents. “The right to appeal which was available to Mr Jadhav was, however, not given to Pakistan’s own citizens,” he told the bench.
The Supreme Court was also informed that Pakistan’s Attorney General Mansoor Usman Awan was still in discussions over whether to allow May 9 convicts access to superior courts and requested additional time for deliberations.
India Denies Pakistan’s Allegations, Claims Kidnapping
Pakistan has maintained that Jadhav was arrested in Balochistan in 2016 on charges of espionage and terrorism. India, however, has consistently denied these claims, asserting that Jadhav, a retired Navy officer, was abducted from Iran’s Chabahar port, where he had business interests post-retirement.
India has described the Pakistani trial that led to Jadhav’s conviction and death sentence as “farcical” and has repeatedly urged Islamabad to adhere to the ICJ’s directive in both “letter and spirit.”
India Accuses Pakistan of Ignoring ICJ Verdict
In July 2020, India accused Pakistan of failing to comply with the ICJ verdict, despite the international court’s support for India’s argument that Pakistan had violated the Vienna Convention by denying consular access. The ICJ had also directed Pakistan to suspend Jadhav’s execution until the review and reconsideration process was effectively carried out.
Despite global pressure and legal mandates, the case remains unresolved, with Pakistan continuing to resist offering Jadhav a legal avenue to appeal his sentence.
As deliberations continue in Pakistan’s top court, the comparison between Jadhav’s case and domestic riot convicts may spark further debate about legal transparency and equal rights in the country’s judicial system.
