NEW DELHI: India on Wednesday said that Pakistan‘s claim on Kulbhushan Jadhav that he has refused to file a review petition seeks to mask its continuing reticence to implement the ICJ judgment in letter and spirit.
Ministry of external affairs spokesperson Anurag Srivastava said that India has been pursuing through diplomatic channels full and effective implementation of the International Court of Justice (ICJ) judgment in the case Jadhav.
Earlier today, Pakistan claimed that Jadhav has refused to file a review petition and wants to go ahead with his pending mercy plea.
It its response, the MEA said that Pakistan’s claim that Jadhav, who is incarcerated in Pakistan’s custody, has refused to initiate review petition is a “continuation of the farce” that has been in play for the last four years.
“Jadhav has been sentenced to execution through a farcical trial. He remains under custody of Pakistan’s military. He has clearly been coerced to refuse to file a review in his case,” the MEA spokesperson said.
He further added, “India has sought unimpeded access to Jadhav to discuss his remedies under the Ordinance. In a brazen attempt to scuttle even the inadequate remedy under the Ordinance, Pakistan has obviously coerced Jadhav to forego his rights to seek an implementation of the judgment of the ICJ.”
“Pakistan has on May 20 passed an Ordinance to allow for the high court to review the sentence awarded by their military court. They have all along maintained that their laws allowed for effective review and reconsideration while we have protested it all along. Now, after almost a year, they have made a u-turn and issued an Ordinance to ostensibly provide for some sort of review,” he said.
The MEA said that India has already expressed its serious concerns at the content of the Ordinance and how it violates the ICJ judgment. “Pakistan is only seeking to create an illusion of remedy,” he said.
Pakistan additional attorney general said today, “On June 17, 2020, Indian national Kulbhushan Jadhav was invited to file a petition for review and reconsideration of his sentence and conviction. Exercising his legal right he refused to file a petition for review and reconsideration of his sentence and conviction.”
Pakistan has offered second consular access to him, the Pakistan media reported.
Earlier this year in May, Pakistan had said that it has “fully complied” with the ICJ’s judgement in the Kulbhushan Jadhav case, days after India’s lead counsel asserted that New Delhi had hoped it might be able to persuade Islamabad through “back channel” to release the Indian death-row convict.
Jadhav was sentenced to death by a Pakistani military court on charges of “espionage and terrorism” in April 2017. Weeks later, India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.
Senior advocate Harish Salve was the lead counsel for India in the Jadhav case at the Hague-based ICJ which ruled in July last year that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.


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