Pakistan Parliament passes bill to grant Kulbhushan Jadhav right to appeal against conviction

The Pakistan Parliament, in a joint sitting on November 17, 2021, passed a bill that will give the Indian National Kulbhushan Jadhav the right to appeal against his conviction. The International Court of Justice (Review and Re-consideration) Bill, 2020, was moved by Law Minister Fargoh Nasim and was also passed with a majority vote.

The Pakistan National Assembly on June 10, 2021, had adopted a bill to give the right to appeal to Kulbhushan Jadhav. Reportedly, the bill seeks to provide a further right of review and reconsideration in giving effect to the judgement of the International Court of Justice.

The International Court of Justice (Review and Re-consideration) Bill, 2020, was adopted by the Pakistan National Assembly after the approval from the 21-member standing committee.

What does the International Court of Justice (Review and Re-consideration) Bill, 2020 state?

• The ICJ (Review and Re-Consideration) Bill provides Pakistan High Courts with the power of reviewing and reconsidering giving effect to the judgement of ICJ.

• The Bill also says that the Pakistani High Court has the power to review and reconsider where the International Court of Justice (ICJ), in relation to a foreign national, passes an order in respect of the rights under the Vienna Convention of Consular Relations or in a case where a foreign National is aggrieved in respect of the rights available under the same.

• The latest bill also gives such a foreign national the right to appeal in Pakistani High Courts.

What does India say about the bill?

The Government of India had expressed that it is not convinced with the bill being passed by the Pakistan National Assembly which gives a right of appeal to Kulbhushan Jadhav in the High Courts of Pakistan.

As per India, the International Court of Justice (Review and Re-consideration) Bill is a breach of the International Court of Justice judgement and is also full of shortcomings.