Kulbhushan offered to file review petition against sentence

ISLAMABAD: Pakistan has offered Indian spy Kulbhushan Jadhav to file a review petition in his case but the convicted spy commander has instead decided to apply for a mercy petition to the President of Pakistan against his conviction and subsequent death sentence by a military court.

The serving Indian naval commander has confessed working for Indian intelligence agency RAW and carrying out terrorist attacks inside Pakistan. Kulbhushan Jhadav’s decision came at a time when Pakistan has once again offered consular access to the convicted prisoner while offering a meeting with his father and his wife. He had previously met with his wife and mother.

At a press conference at the Foreign Office, Additional Attorney General Ahmed Irfan and Director General (South Asia and Saarc) Zahid Hafeez Chaudhry said that Pakistan has enacted an ordinance called the International Court of Justice Review and Reconsideration Ordinance 2020.

"Under the ordinance, a petition for review and reconsideration can be made to the IHC [Islamabad High Court] through an application within 60 days from the date of promulgation of the ordinance i.e. May 20, 2020," he said, adding that the petition can be filed by Commander Jadhav himself, a legally authorised representative or a consular officer of the Indian High Commission.

Pakistan has asked India to refrain from playing politics while not agreeing to India’s request to appoint an Indian lawyer as he would not be holding a licence to appear in the IHC. However, the government has suggested instead that an Indian lawyer would be allowed to assist Jadhav’s counsel.

"Exercising his legal right, Commander Jadhav refused to file a petition for the review and reconsideration of his sentence and conviction. He instead preferred to follow up on his pending mercy petition," said AAG Irfan, but the Indian High Commission had ignored the offer from Pakistan.

He made it clear that Pakistan was aware of its international obligations and remains committed to implementing the judgement of the International Court of Justice. Later, the spokesperson at the Foreign Office elaborated that mercy petition in Commander Jadhav case is a separate process that has nothing to do with the review and reconsideration.

“The review and reconsideration petition can be filed by (a) Commander Jadhav himself, (b) legally authorised representative, or (c) a consular officer of the Indian High Commission. While Commander Jadhav’s mercy petition is still pending, India is invited to file review and reconsideration petition to give effect to the judgment of the International Court of Justice (ICJ),” she said. India has been conveyed the same through diplomatic channels in Islamabad and New Delhi.