What's going on with Jadhav's right to appeal?

The Express Tribune has an excellent explainer of the current state of play in the case of Kulbhushan Jadhav, who is under a death sentence in Pakistan. The International Court of Justice held that Pakistan had to afford him a right to judicial review of his court-martial conviction, and Pakistan issued an ordinance giving him that opportunity. He hasn't yet appealed and time is running out. Will India appeal for him? Excerpt:

In view of the ICJ judgment in July last year, the federal government had promulgated the International Court of Justice (Review and Reconsideration) Ordinance, 2020 on May 20 for an effective review of the case.

The ordinance read that a foreign national -- either themselves or through their authorised representative or through a consular officer of mission of their country -- might file a petition before a high court for a review and reconsideration in terms of Section 3 of an order of conviction/sentence of a military court operating under the Army Act 1952.

It is also stated that the petition for review and reconsideration could be filed within 60 days of the promulgation of the ordinance.

The ordinance further read that in deciding the petition, the court would examine whether any prejudice had been caused to the foreign national in respect of their right to defence, evidence and principles of fair trial due to the denial of consular access according to Vienna Convention on Consular Relations of April 24 1963.

If any difficulty arises in giving effect to any provision of the ordinance, the president may pass an order as may appear to him to be necessary for the purpose of removing it.

International Dispute Unit chief Ahmad Irfan told reporters that Jadhav was informed about the promulgation of ordinance and his legal right for a review or reconsideration of the military court verdict against him in line with the ICJ judgment. However, he refused to avail the legal remedy and requested considering his mercy plea, which was already pending before the Pakistan army chief.

Pakistan then invited to India to avail the legal remedy until July 20.


Senior lawyers have advised India to pursue the case in the IHC [Islamabad High Court] as Pakistani courts are fully independent and would ensure the due process of the convict. The Peshawar High Court (PHC) has annulled military courts' decisions to award death sentence to militants in the recent past. Likewise, if India has any concerns regarding the new legislation, it could raise the matter before the high court.

Renowned lawyer Ahmer Bilal Sufi believes that India has three options for a review: make use of provisions of special ordinance and approach the high court, invoke Section 84 of the CPC that entitles a foreign state to become a party before courts in Lahore by filing a writ petition for a review of process; or approach a civil court of Pakistan under the CPC.

Sufi said by enacting the legislation, Pakistan had discharged its obligations under the statute of the ICJ as a responsible state, adding that Jadhav personally also had individual remedies: under the ordinance, before civil court or a high court as an alien enemy under Section 83 CPC, or through a mercy petition.