Kulbhushan to seek review of death sentence

ISLAMABAD: The government will table the International Court of Justice (Review and Reconsideration) Ordinance, 2020 in the National Assembly next week for approval, Adviser to the Prime Minister on Parliamentary Affairs Babar Awan told The News.

“In no way has the national interest or security been compromised by the promulgation of this ordinance. Therefore, the political hullaballoo is not justified or fair,” he felt.

The ordinance, which has a 120 days life if not passed by the Parliament, enables convicted Indian spy Kulbhushan Yadav to approach the high court for “review and reconsideration” of the sentence imposed on him by the military court. It is a sort of appeal.

Giving the timeline of the approval of the ordinance, Babar Awan said that the summary relating to it landed with the federal cabinet on May 15.

The cabinet passed it on May 18. Prime Minister Imran Khan received it on May 19 and sent it to President Dr Arif Alvi next day for issuance of the ordinance. Babar Awan said the president promulgated the ordinance on May 21. The next step, he said, was to get it published in the extraordinary gazette, which was done on May 29.

The adviser said that Pakistan has to meet its international obligations as “we are not living in an isolated place.” He said that there was nothing clandestine about the ordinance as it was in any case to be laid before the Parliament for passage.

Babar Awan said that the government has nothing to hide from the people and added that lawmaking through ordinance or Parliament could never be kept secret.

The ordinance says where the International Court of Justice (ICJ) in relation to a foreign national passes an order in respect of rights under Article 36 of the Vienna Convention of Consular Relations of 24 April 1963 or a foreign national is aggrieved in respect of rights available under Article 36 of the Vienna Convention of Consular Relations of 24 April 1963, he either himself or through his authorized representative or through a consular officer of a mission of his country may file a petition before a high court for review and reconsideration with regard to an order of conviction or sentence of a military court operating under the Pakistan Army Act, 1952.

It says the petition for review may be filed within 60 days of the promulgation of this ordinance against the order of the military court existing prior to the issuance of this ordinance. Or it may be submitted within 60 days against an order of the military court if it has been delivered after the promulgation of this ordinance.

According to the ordinance, in deciding a petition, the high court shall examine whether any prejudice has been caused to the foreign national in respect of his right of defence, right to evidence and principles of fair trial, due to denial of consular access according to Vienna Convention on Consular Relations of 24 April 1963.

The ordinance will have the overriding effect. Its provisions shall have effect notwithstanding anything to the contrary contained in any law for the time being in force including the Pakistan Army Act 1952.

Indian navy commander Kulbhushan Yadav, an officer of the Indian intelligence agency, Research & Analysis Wing (RAW), was arrested by Pakistan from Balochistan during a counter-intelligence operation in March 2016 for his involvement in subversive activities inside Pakistan. On 10th April, 2017, he was sentenced to death by a Field General Court Martial of Pakistan.

On 18th May 2017, the ICJ stayed his execution pending the final judgment on the case. On 17th July 2019, the court rejected India's appeal for Yadav's release and asked Pakistan to suspend the execution. It ruled that Pakistan will have to review the entire process of trial and conviction of Yadav and provide India with consular access. Over the past few days, Pakistan granted consular access to India thrice.