New Delhi:
Pakistan is amending its Army Act accordingly to allow Kulbhushan Jadhav the right to file an appeal in a civilian court in compliance with the International Court of Justice’s condition, local media reported quoting well-placed sources. The case being tried under military courts and the Army Act law 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.
ICJ had directed Pakistan to provide effective review and reconsideration of his conviction and sentences according to its own justice system. In 2017, Kulbhushan Jadhav was convicted by a military court in Pakistan and sentenced to death on charges of espionage and terrorism. The punishment was awarded by the Field General Court Martial (FGCM), a military court consisting of Pakistan Army officers.
Pakistan has claimed that Kulbhushan Jadhav was "arrested" from Balochistan by its security forces on March 3, 2016. However, India has rejected these charges and termed them baseless. India has maintained that Kulbhushan Jadhav - a former Indian Navy officer - was kidnapped by Pakistan's security forces when he was in Iran on a business trip.
In July this year, the International Court of Justice (ICJ) at The Hague held that Pakistan violated its obligations under the Vienna Convention by not allowing India consular access to Kulbhushan Jadhav. The court had directed Pakistan to provide appropriate remedies to him, including consular access. The verdict was a major victory for India as the ICJ ruled that Pakistan must review the death sentence awarded to Jadhav, who was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" after a closed trial in April 2017. The court had also ruled that Pakistan had violated India's rights to consular visits after Kulbhushan Jadhav's arrest.
According to the ICJ, Pakistan "deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation." India had welcomed the verdict of the International Court of Justice, saying that the ruling of the court by a vote of 15-1 upheld India's position in the case.
