Spy Calbhushan Jadhav, who is
being held in pakistan, has refused to file a review petition against his sentence
and will instead pursue his mercy plea.
A
Pakistani military court has sentenced Calbhushan Jadhav to death for
espionage.
On
July 17, 2019, the International Court of Justice ordered Pakistan to review
the death sentence of the alleged spy and give him consular access. The
court had ruled that Pakistan had violated Article 36 of the Vienna Convention
by denying Calbhushan Jadhav access to the consulate.
"Pakistan
has offered Commander Jadoo to meet his father," he told a news conference
at the Foreign Office in the capital Islamabad on Wednesday. A letter has
been sent to the Indian government while Commander Jadoo is awaiting a response
from the Indian government on his offer of consular access.
Ahmed
Irfan said that Pakistan had already met the family of Calbhushan Jadhav and
Pakistan was ready to implement the decision of the International Court of
Justice.
How much time does Calbhushan
Jadhav have to appeal the review?
Ahmed
Irfan further said that Pakistan has repeatedly asked the Indian High
Commission to file an appeal.
The
Additional Attorney General said that although Pakistan's law provides for the
right to review, to ensure proper implementation of the International Court of
Justice's decision, Pakistan on May 28 passed the 'International Court of
Justice Review and Reconciliation Ordinance 2020'. Enforced
Under
this ordinance, an appeal for reconsideration and reconsideration can be filed
in the Islamabad High Court through a petition within 60 days.
The
Additional Attorney General said that after the May 20 decision of the
International Court of Justice, there is a period of 60 days for a review
petition during which the petition can be filed in the Islamabad High Court. Or
you can file an Indian High Commission.
He
said that on June 17, Calbhushan Jadhav was called for an appeal. But he
refused to file an appeal.
Implement the decision of the
International Court of Justice
One
of the key points in Pakistan's decision in the International Court of Justice
(ICJ) was that Calbhushan Jadhav be informed of his rights under Article 36 of
the Vienna Convention on Consular Relations.
He
said the decision also included the point that Indian consulate officials
should be allowed to talk to Calbhushan Jadhav and consular access so that they
could meet him and arrange legal representation for him.
The
decision also called for all possible steps to be taken to effectively review
the Calbhushan Jadhav case, including the enactment of legislation if
necessary, and until effective review and reconsideration is completed. The
death penalty should be stopped.
He
further added that "Pakistan has suspended the death sentence of RAW agent
commander Jadhoo for reconsideration and reconsideration."
In
addition, for review and reconsideration, Pakistan reviewed its existing laws
so that they could be properly reviewed and revised under Article 36 of the
Vienna Convention.
Calbhushan Jadhav sentence and
India's appeal
In
April 2017, a Pakistani military court sentenced Calbhushan Jadhav to death on
charges of espionage, sabotage and terrorism.
In
May 2017, India knocked on the door of the International Court of Justice (ICJ)
against the decision and sought a stay on the release of Calbhushan Jadhav.
The
International Court of Justice rejected India's appeal, but ordered Pakistan to
grant the accused access to the consulate and reconsider his death sentence.
Pakistan
claims that Calbhushan Jadhav is a serving officer of the Indian Navy who was
arrested in 2016 from Pakistan's Balochistan province.
Pakistan
has long accused India of supporting Baloch separatist elements in Balochistan.
