Islamabad: Pakistan’s Defence Ministry has told its Supreme Court that Indian national Kulbhushan Jadhav, currently jailed over espionage charges, was not granted the right to appeal against his death sentence—despite a 2019 International Court of Justice (ICJ) verdict. The clarification came during a hearing on cases related to the May 9, 2023, riots involving supporters of former Prime Minister Imran Khan.
No Equal Appeal Rights for Jadhav and Pakistani Citizens
The Defence Ministry’s counsel was responding to questions on whether Jadhav was offered the same right of appeal that Pakistani citizens convicted in military courts are now being denied. The lawyer argued that while the ICJ allowed consular access, it did not explicitly mandate a right to appeal in a higher court.
Pakistan Admits Violation of Vienna Convention
The Pakistani lawyer admitted that the country had breached Article 36 of the Vienna Convention on Consular Relations by initially denying India consular access to Jadhav. Following the ICJ verdict, Pakistan amended its laws to allow review petitions against military court rulings—but claims this provision does not apply retroactively to Jadhav’s case.
India Challenges Pakistan’s Narrative
Jadhav, a former Indian Navy officer, was arrested in Balochistan in 2016 and sentenced to death in 2017 by a Pakistani military court. Pakistan alleges he is a RAW operative involved in Baloch separatist activities. India, however, maintains Jadhav was abducted from Iran while on a business trip, and strongly denies the espionage charges.
ICJ Had Ordered Fair Trial and Consular Access
The ICJ, in its 2019 ruling, put a stay on Jadhav’s execution and reprimanded Pakistan for denying India consular access. The court underlined that Pakistan had violated international law and called for a fair trial process to be ensured for Jadhav.
