In a major breakthrough for India, the Pakistan National Assembly adopted the International Court of Justice (Review & Re-consideration) Ordinance, 2020 which will allow Kulbhushan Jadhav to appeal his conviction in the Pakistani high courts.

The Imran Khan government had tabled the International Court of Justice (Review and Re-consideration) Ordinance, 2020 in the National Assembly last year.

The ordinance which gives the right of appeal to Kulbhushan against the military court’s verdict was opposed by Bilawal Bhutto Zardari and Khawaja Muhammad Asif.

Jadhav was sentenced to death in 2017 by a military court in Pakistan

Jadhav, a retired Indian Navy officer, was sentenced to death in 2017 by a military court in Pakistan on charges of espionage and terrorism.

After Jadhav’s sentencing, India approached the ICJ against the denial of consular access and also challenged his death sentence.

In July 2019, the ICJ not only suspended the death sentence of Jadhav but ruled that Pakistan will have to review the entire process of trial and conviction.

It, however, rejected India’s appeal for Jadhav’s release.

Pakistan had to give consular access to Jadhav after the ICJ verdict

Pakistan claims that Jadhav was arrested in Balochistan province in 2016.

It further alleged that he not only confessed to his crimes but also accepted his involvement in terror-related activities, espionage and spying with an aim to foment unrest in Pakistan’s restive Balochistan. 

While Pakistan gave consular access to Jadhav after the ICJ verdict, India said that the consular meetings were interrupted and recorded with Pakistani security officials being present in the room.

India’s Ministry of External Affairs (MEA) slammed Pakistan for intimidating Jadhav during the consular access calling it “obstructive” and “insincere”.

It had also said that consular access granted to the retired Indian Navy officer was neither meaningful nor credible.