Kulbhushan coerced: India on Pak’s claim that he refused case review

Pakistan’s claim that Indian national Kulbhushan Yadav — sentenced to death by its military court — has refused review of his case and wants to appeal for mercy, is proof of its “reticence” to implement the order of the International Court of Justice in “letter and spirit”, India’s Ministry of External Affairs (MEA) said on Wednesday. Calling Pakistan’s move a continuation of the fouryear-long “farce”, it said that Pakistan’s statement “seeks to mask its continuing reticence”.

Pakistan has claimed that captured Indian national Kulbhushan Jadhav has refused to file a review petition and has decided to go ahead with his pending mercy plea. “On June 17, 2020, Indian national Kulbhushan Jadhav was invited to file a petition for review and reconsideration of his sentence and conviction. Exercising his legal right he refused to file a petition for review and reconsideration of his sentence and conviction,” Pakistan Additional Attorney General Ahmed Irfan claimed on Wednesday.

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

As per Pakistan media reports, Pakistan government has offered second consular access to Jadhav, who was sentenced to death by a Pakistani military court on charges of “espionage and terrorism” in April 2017.

Following the development, India approached the International Court of Justice (ICJ) against Pakistan for denial of consular access to Jadhav and challenging the death sentence.

In July last year, the ICJ said Pakistan must review the death sentence of Kulbhushan Jadhav, and it should remain suspended meanwhile. The court also agreed with India’s stand that Pa k i st a n h ad violated the Vienna convention by denying consular access to him after his conviction in a “farcical” closed trial.

Pakistan had alleged that Jadhav — a retired Indian Navy officer — was a senior Indian intelligence officer who entered the country illegally to carry out acts of sabotage at the time of his arrest.

With agency inputs.