Pakistan has claimed that Kulbhushan Jadhav, an Indian national on death-row for charges of espionage and terrorism, refused to file a review petition. According to reports coming out of Pakistan, Jadhav refused to file a review petition against the death sentence awarded to him by a Pakistani Army court in 2017.
Pakistan’s Additional Attorney-General Ahmed Irfan, speaking at a special briefing arranged by the Pakistani Foreign Office said that an Ordinance had been issued in May that allowed Kulbhushan Jadhav, his legal representative, or a representative of the Indian High Commission in Islamabad to file a review petition in line with the International Court of Justice verdict of July 2019.
Irfan said that on June 17 earlier this year, Jadhav was invited to file a review petition in the Islamabad High Court against his sentence, but chose not to do so. Jadhav, instead, “preferred to follow-up” on his pending “mercy” petition.
Irfan added that the Pakistani government had also repeatedly written to the Indian high commission to file the petition and initiate the process for a review before the deadline.
“Pakistan is fully cognizant of its international obligations and committed to implementing the ICJ judgment in letter and spirit,” he said expressing hope that India will follow due legal course and cooperate with courts in Pakistan to give effect to the ICJ judgement.
Kulbhushan Jadhav was ‘’arrested’’ in 2016 from Balochistan on charges of terrorism and spying for India’s intelligence agency, the Research and Analysis Wing. India maintains that Jadhav is innocent and was kidnapped by Pakistani operatives from the Iranian port of Chabahar, where he was running a business.
In May 2017, New Delhi petitioned the ICJ, which stayed Kulbhushan Jadhav’s execution. In its ruling on July 17, the ICJ said its stay of the death sentence should continue.