ISLAMABAD – The government is likely to present the ordinance related to convicted Indian spy Kulbushan Jadhav in the parliament for approval as it expires today (July 20).
The law ministry has proposed to present the ordinance in the National Assembly.
The International Court of Justice (Review and Reconsideration) Ordinance, 2020 was promulgated to provide an effective mechanism of review and reconsideration to Jadhav under the ICJ directives. In December 2017, Pakistan had made arrangements for Kulbhushan Jadhav to meet his wife and mother.
The meeting took place at the Foreign Office, where no Indian diplomats were allowed to accompany Kulbhushan Jadhav’s family. During the meeting, Jadhav had confessed to spying for the Indian intelligence agency RAW in front of his wife and mother.
Last week, Pakistan had offered a third consular access to the convicted Indian spy. India had been officially informed about the fresh offer which came after India refused to avail the second consular access – to comply with the ICJ directives – at the last minute on July 16.
On July 16, 2010, Indian Charge d’affaires visited the Foreign Office as New Delhi accepted Pakistan’s offer to give second consular access to Jadhav. The place where the agent was kept had been declared as sub-jail.
Foreign Office spokesperson Aisha Farooqui said the first consular access under the Vienna Convention on Consular Relations 1963 was earlier provided by Pakistan on September 2 last year. She said the mother and wife of commander Jadhav were also allowed to meet him on December 25, 2017.
She said two consular officers of the Indian High Commission in Islamabad were provided unimpeded and uninterrupted consular access to Commander Jadhav on July 16. Later, the Indian officials refused to take the facility much to the surprise of the Pakistani authorities.
India had moved the ICJ in 2017 seeking access to Jadhav and his release. On July 17, 2019, the ICJ had rejected remedies sought by India, including annulment of military court decision convicting Kulbhushan Jadhav, his release and safe passage to India.
Announcing the verdict Judge Abdulqavi Ahmed Yousaf told Pakistan to review the death sentence for an alleged Indian spy, saying Islamabad violated his rights to consular visits.
The court, in its verdict, rejected a number of Indian demands including annulment of military court decision convicting Jadhav, his release and safe passage to India.
The ICJ found that 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, and thereby breached obligations incumbent upon it under the Vienna Convention on Consular Relations.
The tribunal in The Hague ordered an “effective review and reconsideration of the conviction and sentence of Kulbhushan Sudhir Jadhav”.
The judge remarked that Pakistan and India were signatories of the Vienna Convention.
“A continued stay of the execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Kulbhushan Sudhir Jadhav,” it ruled.
The court while finding Jadhav guilty of committing terrorist activities inside Pakistan, ordered that the Indian spy cannot be handed over to India. Kulbhushan will remain in Pakistan’s custody, it ruled.
Pakistan had arrested Jadhav alias Hussein Mubarak Patel in the province of Balochistan on charges of terrorism and spying for India‘s intelligence agency, the Research and Analysis Wing.
The government said he was a serving commander in the Indian Navy who was involved in subversive activities inside Pakistan and was arrested on March 3, 2016 during a counter-intelligence operation in Mashkel, Balochistan.
The Indian government recognized Jadhav as a former naval officer but denied any current links with him and maintained that he took premature retirement and was abducted from Iran.