Team  SoOLEGAL

Another opportunity for Govt. Of India to appoint defense counsel for Kulbhushan Jadhav: Islamabad High Court

Team SoOLEGAL 4 Sep 2020 3:14pm

Another opportunity for Govt. Of India to appoint defense counsel for Kulbhushan Jadhav: Islamabad High Court

International Court of Justice (ICJ) stated that Pakistan had violated the Vienna Convention on consular relations 1963 by not informing Kulbhushan Jadhav immediately of his privileges under Article 36(1)(b) to have consular access.

After this Pakistan passed an ordinance by the name of ICJ (Review and Reconsideration) which permits Jadhav to document a request for the review of his capital punishment by the Nation's Military Court under the steady gaze of the Islamabad High Court through an application within 60 days of its declaration.

During the proceedings, the attorney general stated to the high court that Jadhav has repeated his previous stance and has preferred to seek the remedy of clemency instead of invoking his rights under the ordinance 2020.

 Three judge bench headed by the Chief Justice Athar Minallah said "We are of the opinion that these proceedings on the basis of the judgment of the International Court, may not be meaningful and effective if Commander Jadhav and the Government of India decide not to exercise the course of action highlighted in the judgment of the international court".

The court also stated that the judgment of international court doesn't consider procedures for review and reconsideration. If Jadhav or the Govt. are not willing to avail the remedy provided through the ordinance of 2020.

The court added that it is very important to give an assurance to commander Jadhav that his right to a fair trial is an integral factor of review and reconsideration for important consistency with the judgment of the international court.

The court has issued mandates that the Government of Pakistan shall once again pass on the requests went in this appeal to the Government of India to empower the last to consider taking fitting measures so as to guarantee consistency with the judgment of the International Court. 



Tagged: Islamabad High Court   Kulbhushan Jadhav   International Court of Justice   Vienna Convention   Pakistan   Nation's Military Court   Chief Justice Athar Minallah   international court  
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