SOURCE: INDIA TODAY
The Islamabad High Court (IHC) will hear a plea submitted by the federal government against Indian prisoner Kulbhushan Jadhav’s sentence on Monday. This comes a few days after the Pakistan government enacted an ordinance called the ‘International Court of Justice Review and Reconsideration Ordinance 2020’ on May 20 under which a petition for the review of a military court’s decision can be made to Islamabad High Court through an application within 60 days of its promulgation.
The ordinance was passed by the Lower House of the National Assembly this week amid uproar and protest by the opposition benches. It allows Kulbhushan Jadhav to file a review plea against his death sentence by the Pakistan military court in 2017.
According to Pakistani media reports, Islamabad High Court on Thursday constituted a two-member bench to hear the review petition filed by the Pakistan government in Jadhav’s case.
The bench comprising Islamabad High Court (IHC) Chief Justice Athar Minallah and his fellow judge Justice Miangul Hassan Aurangzeb would take up the government plea on Monday, the Pakistani media, including the Geo News, reported.
Kulbhushan Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.
India has been attacking Pakistan for failing to provide it unhindered and unimpeded consular access to Jadhav as mandated in a judgment by the International Court of Justice(ICJ).
External Affairs Ministry spokesperson Anurag Srivastava said Pakistan has blocked all the avenues for an effective remedy available for India in the case.
“Pakistan has blocked all available remedies to India. Pakistan is in violation of the ICJ ruling and we will be forced to look for other remedies,” MEA spokesperson Anurag Srivastava said
In a unilateral move, Pakistan filed the petition in the Islamabad High Court on July 22, seeking appointment of a “legal representative” for Jadhav. However, the main parties, including the Government of India, were not consulted ahead of the filing of the application by the Ministry of Law and Justice under an ordinance which was enacted on May 20.
