"To me, this law [the International Court of Justice (Review and Reconsideration) Bill, 2021] is person specific. The question arises whether we can pass a law which is person-specific?" observed Barrister Ali Zafar, chair of the committee. Farooq H Naek pointed out that there was no provision to allow review in criminal law.
"Can we bring a new law, if there is no provision in the statute?" Naek questioned. He also pointed out that the Supreme Court does not entertain the judgments of the military courts.
[Kulbhushan] Jadhav, the arrested Indian spy, has been sentenced to death by a military tribunal, whereas the International Court of Justice (ICJ), in its July 17, 2019 judgement has called for a review and reconsideration in the military court's decision.
Mian Raza Rabbani pointed out that the government by introducing Jadhav-specific bill provide the ground of Article 36 of the Vienna Convention, whereas, Article 36 only deals with consular access. In his observations, the chair of the committee stated: "Obviously, we [Pakistan] have international obligations, but we should also have to look thoroughly into all the observations of the committee members."
Wednesday, July 14, 2021
A reverse bill of attainder?