ISLAMABAD: Pakistan has invited India to move a review and reconsideration petition before the Islamabad High Court (IHC) against the conviction of Indian naval commander and spy Kulbhushan Sudhir Jadhav by a military court.
“Pakistan is in communication with the Indian authorities through diplomatic channels to consider filing of a review and re-consideration petition before the high court under May 20 ordinance, ‘The International Court of Justice (Review and Re-consideration) Ordinance 2020,’” an informed source told Dawn.
The invitation was extended to the Indian government after Commander Jadhav twice declined to take advantage of the law saying that sympathetic consideration be given to his mercy petition pending with Chief of the Army Staff Gen Qamar Javed Bajwa.
Section 2 of the ordinance empowers the high court in Pakistan to review and reconsider any decision where the International Court of Justice (ICJ) has decided in relation to a foreign national in respect of rights under Article 36 of the Vienna Convention of Consular Relations of April 24, 1963 or a foreign national was aggrieved in respect of the rights available under Article 36 of the Vienna Convention of Consular Relations of April 24, 1963.
Officials say convicted RAW spy has refused to file review petition
Such foreign national, whether himself or through his authorised representative or through a consular officer of a mission of his country, may file a petition before the high court for review and reconsideration in terms of Section 3 with regard to an order of conviction or sentence awarded by a military court operating under the Pakistan Army Act, 1952.
The petition for review and reconsideration under the ordinance can be filed within a period of 60 days.
Section 3 of the ordinance explains that in deciding the petition filed under Section 2 of the law, the high court will examine whether any prejudice has been caused to the foreign national in respect of his right, defence, right to evidence and principles of fair trial due to denial of consular access according to the Vienna Convention on Consular Relations of April 24, 1963.
Commander Jadhav was captured in Balochistan in March 2016 for espionage and fomenting terrorism in Pakistan. He confessed to his association with the Indian intelligence agency, Research and Analysis Wing (RAW), and involvement in espionage and terror activities in different parts of Balochistan and Sindh.
Published in Dawn, July 9th, 2020