Pakistan’s International Court Of Justice Bill, 2021 Will It Help Kulbhushan Jadhav? – Free PDF Download


The News

  • Recently, Pakistan’s Parliament in its joint sitting enacted a law International Court of Justice (Review and Reconsideration) act, 2021, to give Indian death-row prisoner Kulbhushan Jadhav the right to file a review appeal against his conviction by a military court.

The Big Question

  • Will this new act of Pakistan help Kulbhushan Jadhav get justice?

Will the law help Jadhav?

  • According to Indian government, the law will end up as mere paper work if Pakistan fails to provide verifiable legal access to Jadhav.
  • The Ministry of External Affairs said the law is a repeat of the International Court of Justice (Review and Reconsideration) Ordinance, 2020, which India had already rejected as inadequate for meeting the goals stated in the ICJ’s observations of July 2019.
  • India criticized the earlier ordinance as it did not “create the machinery of an effective review and reconsideration” as mandated by the ICJ.

Lets Understand

  • What happened?
    • The Pakistan government had already tried to enforce the ICJ verdict through promulgation of a special ordinance International Court of Justice (Review and Reconsideration) Ordinance 2020.
    • Last year, when Pakistan government promulgated the ordinance to let Jadhav file a review, he refused.

Lets Understand

  • Later, the Pakistan government through its defence secretary filed a case in the Islamabad High Court (IHC) in 2020 to appoint a defence counsel for Jadhav.
  • The IHC formed a three-member larger bench in August 2020 which has asked India to nominate a lawyer from Pakistan for Jadhav.
  • However, New Delhi so far has refused by insisting that Jadhav should be given a chance to appoint an Indian lawyer.
  • The last hearing was on October 5, 2021.Recently, the IHC once again has asked Indian government to appoint the counsel before the next hearing scheduled for December 9 2021.

Then Why Pakistan has brought this sham law?

Its all Politics..!!

Pakistan does not care about Justice.

  • Pakistan’s former High Commissioner Abdul Basit has pointed out that Pakistan agreed to accept the jurisdiction of the ICJ during the government of PM Nawaz Sharif who was from PML(Nawaz). The present government is headed by PM Imran Khan from PTI which is dealing with a legacy issue.
  • The law allowing Jadhav to challenge his conviction in the high court through a review process is a requirement of the ICJ verdict. The current government simply wants to do away with that.

Then Why Pakistan has brought this sham law?

  • Pakistan had brought ICJ (Review and Re-consideration) ordinance in May 2020 to comply with ICJ order which was already criticized by India.
  • Later on, Pakistan introduced ICJ (Review and Re-consideration) Bill, 2020 in national assembly in June 2021. The bill was passed by National Assembly but the Senate refused to pass it.
  • Last week, Pakistan convened a joint sitting comprising members of the Senate and the National Assembly. It was passed by the joint sitting of the House through voice vote.
  • The current impasse was due to the fact that the ruling Pakistan Tehreek-i-Insaf and allied parties enjoy majority in the National Assembly but are in minority in the Senate or the upper house.

Then Why Pakistan has brought this sham law?

  • It appears that the law is a move to settle a domestic political discord between Imran Khan and the principal Opposition party PML led by Maryam Nawaz, daughter of Nawaz Sharif.
  • Apart from political score settlement, Pakistan hurriedly passed the law as they anticipated that India was planning to go to the ICJ again to file a contempt notice against Pakistan and that this law would avert or pre-empt this possible Indian move.




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