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National News

Jul 08, 2020

India says full & effective implementation of ICJ judgment in Kulbushan Jadhav case being pursued through diplomatic channels

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India has said full and effective implementation of the ICJ judgment in the case of Kulbushan Jadhav is being pursued through diplomatic channels. 

In response to a media query, External Affairs Ministry spokesperson Anurag Srivastava said, the statement made by Pakistan today in the case seeks to mask its continuing reticence to implement the ICJ judgment in letter and spirit. He said Pakistan’s claim that Mr 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.

He said Mr Jadhav has been sentenced to execution through a farcical trial and remains under custody of Pakistan’s military. The spokesperson stated that Mr Jadhav has clearly been coerced to refuse to file a review in his case.  
India sought unimpeded access to him to discuss his remedies under the Ordinance. Mr Srivastava said in a brazen attempt to scuttle even the inadequate remedy under the Ordinance,Pakistan has obviously coerced Mr Jadhav to forego his rights to seek an implementation of the judgment of the International Court of Justice (ICJ).

Pakistan had on 20th of May passed an Ordinance to allow for the High Court to review the sentence awarded by their military court. The spokesperson said Pakistan has all along maintained that their laws allowed for effective review and reconsideration while India has protested it all along. He said that now, after almost a year, they have made a u-turn and issued an Ordinance to provide for some sort of review. He said India has already expressed serious concerns at the content of the Ordinance and how it violates the ICJ judgment. He added that Pakistan is only seeking to create an illusion of remedy.

The spokesperson further added that despite repeated requests, Pakistan continues to deny India free and unimpeded access to Mr Jadhav. India has repeatedly asked to allow a lawyer from outside Pakistan to appear for him in any review and reconsideration proceedings and the neighbouring country has denied it.

He said that since 2017, when Military Court carried out a farcical trial, Pakistan has refused to hand over any relevant document, including FIR, evidence, and court order, in the case to India. Mr Srivastava said that Pakistan is clearly attempting to create a mirage of compliance with the ICJ judgment.

ICJ has already held that Pakistan is in egregious violation of international law. He said government will do its utmost to protect Mr Jadhav and ensure his safe return to India. 

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