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We have seen the remarks of the Indian MEA’s spokesperson regarding International Court of Justice (Review and Re-consideration) Bill passed by the National Assembly of Pakistan.

Pakistan abides by all its international obligations, and this applies to the International Court of Justice (ICJ) judgment in the case of Indian spy Commander Kulbhushan Jadhav.

It is regrettable that the Government of India has chosen to misrepresent the ICJ judgment which clearly states in Paragraph 147 that, “Pakistan is under an obligation to provide, by means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr. Jadhav…”

In line with paragraph 146 of the ICJ judgment, Pakistan chose to provide Commander Jadhav the right of review and reconsideration by superior courts of Pakistan through the International Court of Justice (Review and Re-consideration) Ordinance, 2020. Pakistan’s commitment to uphold the ICJ judgment was again reflected by the passage of ICJ (Review and Reconsideration) Bill for Review from the National Assembly of Pakistan.

The Judgement of the ICJ (Para 118) also requires India to act in good faith, and arrange legal representation for Commander Jadhav. Regrettably, India has been engaging in a deliberate campaign to obfuscate the issue of appointment of a lawyer. As a result, the government of Pakistan had to initiate proceedings before the Islamabad High Court to request the Court to appoint a lawyer for Commander Jadhav. The Honourable Court has repeatedly invited India to clarify its position in this regard but India continues to deliberately politicise the issue.

The Government of India’s refusal to avail itself of the legal remedies provided by Pakistan and such statements reveal their nefarious designs to undermine Pakistan’s efforts and discredit the ICJ judgment regarding Commander Jadhav.

19 June, 2021

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