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Updated June 25th, 2021 at 11:44 IST

ICJ Bill enabling right to appeal to Kulbushan Jadhav introduced in Pakistani Senate

The ICJ (Review and Reconsideration) Bill that is meant to provide the right of appeal to Indian national Kulbhushan Jadhav was presented in the Senate.

Reported by: Shloak Prabhu
Pakistani Senate
Image Credits: PTI | Image:self
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In a major development, the International Court of Justice (Review and Reconsideration) Bill that is meant to provide the right of appeal to Indian national Kulbhushan Jadhav was presented in the Senate on Thursday. Earlier, it was passed by the National Assembly on June 10. The Bill was introduced by Minister of State for Parliamentary Affairs Ali Muhammad Khan in the house. According to Geo News, Senate Chairman Sadiq Sanjrani referred the Bill to the Standing Committee on Law and Justice. 

ICJ Bill giving Kulbhushan Jadhav Right to Appeal introduced in Pakistani Senate 

The ICJ Bill seeks to further the right of review and reconsideration in giving effect to the judgment of the International Court of Justice. The Bill was adopted by the National Assembly on June 10 after the approval from the 21-member standing committee. The Bill also states that the High Court has the power to review and reconsider where the ICJ in relation to a foreign national passes an order in respect of rights under the Vienna Convention of Consular Relations or a foreign national is aggrieved in respect of the rights available under the same. 

Even so, India had expressed that it was not convinced with Pakistan National Assembly passing a bill to give the right of appeal to Kulbhushan Jadhav in Pakistani high courts. India has opposed it stating that the Bill is full of shortcomings and is a breach of the ICJ judgment. In a recent media briefing, MEA Spokesperson Arindam Bagchi had also said that the Bill is also short of machinery that will ensure an effective review and reconsideration of the case as mandated by the judgment of the ICJ.

"We have seen the news reports relating to the Review and Reconsideration Bill 2020 that has been passed by the National Assembly of Pakistan. The Bill codifies into law the earlier Ordinance- with all its shortcomings. It does not create a machinery to facilitate effective review and reconsideration of Shri Jadhav's case, as mandated by the judgement of the International Court of Justice," Bagchi said.

The ICJ had ruled that Pakistan was in breach of its international obligations because of the failure to provide consular access to Jadhav. According to Bagchi, the Bill will invite the municipal courts in Pakistan that will decide whether or not any prejudice has been caused to Jadhav on account of the failure to provide consular access.

"We call upon Pakistan to take appropriate steps to address shortcomings of the bill and to comply with the judgement of ICJ in letter and spirit," he added.

India has slammed Pakistan for adopting a "farcical" approach in denying available legal remedies to Kulbhushan Jadhav against his death sentence in contravention of the ICJ order.

With ANI Inputs 

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Published June 25th, 2021 at 11:44 IST

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