Indian National Kulbhushan Jadav's right to appeal denied
PTC News Desk: Indian national Kulbhushan Jadhav, currently imprisoned in Pakistan on charges of espionage, was granted consular access only after a 2019 ruling by the International Court of Justice (ICJ). However, according to a report by Pakistani newspaper Dawn, this access did not extend to the right to appeal in a higher court.
These statements were made by legal counsel from Pakistan’s Defence Ministry before a constitutional bench of the Supreme Court. The court was hearing a case concerning Pakistani citizens convicted for their alleged involvement in the May 9, 2023, riots that followed the arrest of Pakistan Tehreek-e-Insaf (PTI) leader and former Prime Minister Imran Khan.
The Defence Ministry’s lawyer made the clarification after being questioned about whether Kulbhushan Jadhav was granted the right to appeal, and why the same provision wasn’t extended to Pakistani citizens convicted by military courts. The lawyer explained that Pakistan had been found in breach of Article 36 of the Vienna Convention on Consular Relations, which entitles consular officials or representatives of the detainee's home country to access, visit, and communicate with nationals who are arrested.
The Supreme Court was also informed that, in response to the ICJ ruling, Pakistan amended its laws in accordance with the Vienna Convention to permit judicial review of military court decisions.
Jadhav was apprehended in Balochistan in March 2016 and sentenced to death by a Pakistani military court in 2017 on espionage charges. Pakistan alleged that he was a Research and Analysis Wing (RAW) agent involved in supporting Baloch separatist groups.
- With inputs from agencies
