Pakistan stands not only in violation of the judgment of ICJ, but its own ordinance: India

By Shri Ram Shaw | First Published Jul 28, 2020, 10:09 PM IST

In light of the violations of the judgment of the ICJ by Pakistan, India has stated that it reserves its position in the matter, including its right to avail further remedies, the MEA stated

New Delhi: India has said that Pakistan has blocked all avenues for an effective remedy available to it in the Kulbhushan Jadhav case. Now, Pakistan stands not only in violation of the judgment of the ICJ, but its own ordinance. And in this light, India reserves its position in the matter, including its right to avail further remedies.

Facing a volley of questions from the scribes, Anurag Srivastava, spokesperson, ministry of external affairs said, ‘‘What appears is that Pakistan’s actions with regard to the ordinance, the whole exercise of not providing documents as requested by us, of not providing unhindered, unimpeded and unconditional Consular access, as well as, some of the reported unilateral action of recently approaching the High Court, all of it again exposes their complete farcical nature of Pakistan's approach.’’

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In response to the questions like – ‘‘Will the MEA react to the Pak government filing a plea in the Islamabad High Court seeking the appointment of a lawyer for Kulbhushan Jadhav?’’, ‘‘What can be shared on Jadhav, especially after Pakistan has unilaterally moved the Islamabad High Court stating his inability to appoint a lawyer to represent him? They haven't taken along main stakeholders namely, Indian government and Jadhav himself’’’ and ‘‘The government has spoken about protecting Kulbhushan Jadhav. What steps are being taken by the government in view of the current and unilateral decisions by Pakistan?’’ – Srivastava said, ‘‘we have so far requested them 12 times in the past one year. We have requested for consular access to Jadhav and Pakistan has not been able to provide unimpeded, unhindered, and unconditional access.’’

He further said, ‘‘On 16th of July, we described how the consular access, the so-called consular access, which was provided by Pakistan, and how the meeting that our consular officials had with Jadhav on that day was scuttled. Our Consular officials were not allowed to hand over documents to him. They were not allowed to obtain a power of attorney from Jadhav.’’

‘‘Thereafter, and in fact, similarly on the other front, in terms of seeking relevant documents in order to file his review petition, we had been advised by Pakistan that they would be handed over to an authorized Pakistani lawyer. Now, these documents were in terms of the FIRs, the charge sheet, the orders judgments of the Pakistani Court, including a Field general court martial. So, we had been advised that this would be handed over to an authorized Pakistani lawyer. Now, India appointed a lawyer and we wanted to obtain the relevant documents, but to our surprise when the authorized lawyer went to the concerned authorities, his request was declined,’’ he added.

Srivastava said, ‘‘In the absence of both, a meaningful Consular access, as well as relevant documents as a last resort, we tried to file his review petition in court on the 18th of July. However, our Pakistani lawyer was informed that a review petition could not be filed in the absence of a power of attorney and the supporting documents. So, what has happened is that Pakistan has also created confusion in terms of the last date of filing. They earlier told us that it would be the 19th of July. Thereafter, they said that it is the 20th of July. There’s also been considerable inadequacies and shortcomings in the ordinance which has been promulgated by them. It in no way fulfils, nor does it give complete weight to the judgment of the ICJ. There's also been a considerable delay in informing India. They took about two weeks to inform us about this ordinance. And only when we asked, did they provide us a copy of the ordinance.’’

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