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Pakistan’s law for right to appeal

Date: 27 November 2021 Tags: India & World


The International Court of Justice (Review and Reconsideration) Bill, 2021, was passed by the Pakistan’s Parliament.



The new law will grant Kulbhushan Jadhav the right of appeal against the death sentence given by Pakistan’s military court.



India has said that the law does not fulfill the provisions laid down by International Court of Justice (ICJ).


The arrest of Jadhav

  • Jadhav was arrested in March 2016 for espionage and sabotage charges against Pakistan’s security establishments.

  • The arrest came soon after the Pathankot attack, for which India blamed Pakistan. The arrest of Jadhav was alleged to be attention diversion by Pakistan.

  • Pakistan says that Jadhav was involved in creating instability in Balochistan. India has maintained that Jadhav was a former Navy official.


India’ arguments

India has been claiming that Jadhav was denied rights under Vienna convention after Pakistan did not inform India about his arrest.


Aim of the law

The law is being presented as a proof of Pakistan’s intention of complying with the ruling of International Court of Justice (ICJ).


Ruling of ICJ

  • Jadhav was sentenced to death by a military court in Pakistan for sabotage and espionage. India moved ICJ and alleged that Jadhav was not provided consular access.

  • ICJ said that Pakistan violated Article 36 of Vienna convention. He was denied legal representation and consular access. The ICJ asked Pakistan not to execute Jadhav before the final decision.


Significance of the law

  • Pakistan has to show that the law is providing legal access to Jadhav and not just a piece of legislation.

  • India says that the law is a repeat of International Court of Justice (Review and Reconsideration Ordinance, 2020, that was considered a sham. Pakistan has not removed the shortcomings while formulating the new law.


Pakistan’s move

  • Pakistan believed that India was planning to move to ICJ for filing a contempt notice against it for failing to implement order.

  • Pakistan will be demonstrating that it has not only followed the directives of ICJ but has also made it into a law.

  • Pakistan’s PM Imran Khan is also using the law to settle scores with his principal opposition that had failed to bring a law in this regard.