Jadhav Coerced Into Not Filing Review Plea: India on Pak’s Claims

Pakistan claimed that Jadhav has refused to file a review petition of his sentence and conviction.

Kulbhushan Jadhav.

(Photo: The Quint)

India on Wednesday, 8 July slammed Pakistan’s claims that Indian national Kulbhushan Jadhav, who is in Pakistan’s custody, has refused to initiate a review petition and called them “a farce that has been in play for the last four years.” India alleged that Jadhav has been coerced into not filing a review petition against his conviction.

Pakistan’s Additional Attorney General Ahmed Irfan on Wednesday, 8 July announced that Kulbhushan Jadhav has refused to file a petition for review and reconsideration of his sentence and conviction.

Kulbhushan Jadhav, an Indian national and retired naval officer, was arrested by Pakistan on 3 March 2016 and accused of being an Indian spy and a terrorist. He was tried by a military court, convicted and sentenced to death in early 2017. India took Pakistan to the International Court of Justice (ICJ) over the case.

“We have been pursuing through diplomatic channels full and effective implementation of the ICJ judgment in the case of Kulbushan Jadhav. The media statement made by Pakistan today in the case seeks to mask its continuing reticence to implement ICJ judgment in letter and spirit,” the Ministry of External Affairs (MEA) said.

“Pakistan’s claim that Jadhav, who is incarcerated in Pakistan’s custody, has refused to initiate review petition is a continuation of the farce that has been in play for the last four years,” it added.

Calling Jadhav’s trial “farcial,” the MEA said that he is still under military custody and has been “coerced to refuse to file a review in his case.”

“Kulbushan Jadhav has been sentenced to execution through a farcical trial. He remains under custody of Pakistan’s military. He has clearly been coerced to refuse to file a review in his case. India sought unimpeded access to Jadhav to discuss his remedies under the Ordinance,” the MEA said.

“In a brazen attempt to scuttle even the inadequate remedy under the Ordinance, Pakistan has obviously coerced Kulbushan Jadhav to forego his rights to seek implementation of the judgment of the ICJ,” it added.

The MEA said that Pakistan has on 20 May this year had passed an Ordinance to allow for the High Court to review the sentence awarded by their military court and that their laws allowed for effective review and reconsideration.

“Now, after almost a year, they have made a u-turn and issued an Ordinance to ostensibly provide for some sort of review. We have already expressed our serious concerns at the content of the Ordinance and how it violates ICJ judgment. Pakistan is only seeking to create an illusion of remedy,” the MEA stated.

The MEA further alleged that despite India’s repeated requests, Pakistan continues to deny India free and unimpeded access to Kulbushan Jadhav.

“Since 2017, when Military Court carried out a farcical trial, Pakistan has refused to hand over any relevant document, including FIR, evidence, court order, etc in the case to India. Clearly, Pakistan is attempting to create a mirage of compliance with the ICJ judgment,” the MEA said.

The MEA reiterated that the government will do its utmost to protect Jadhav and ensure his safe return to India, considering all appropriate options.