The ICJ has directed Pakistan to provide effective review and reconsideration of his conviction and the death sentence. The choice of means is left to Pakistan. The Court noted that the higher courts of Pakistan can review the judgment of the military court. Pakistan law provides for clemency petitions for Jadhav as well.
“The Court finds that Pakistan is obliged, by its own choice, to provide for effective review and reconsideration of Mr. Jadhav’s conviction and sentence, in order to ensure that full weight is given to the effect of the violation of the rights laid down in Article 36 of the Vienna Convention,” the Court said.
It said that the stay of execution ordered on May 17 will continue until Pakistan takes “effective review and reconsideration of the conviction and sentence of Mr. Jadhav”.
The Court has however rejected India’s prayer for annulment of the military court’s conviction of Jadhav saying that his conviction cannot be regarded as a breach of Vienna Convention.
In relation to India’s controversy that it is in relation to its request to revive the unification and to cancel the military court’s decision and prevent punishment or influence from Pakistan, and to take steps for the extinction of Pakistan. Instructions have been given to give instructions. The military court’s decision to release Mr. Jadhav and promote his secure passage in India was constantly stated by the court that it is not Mr. Jadhav’s punishment and penalty that is deemed a breach of Article 36 of the Convention, “the court observed in this respect.
India approached the ICJ on May 2017 after Pakistani military court sentenced Jadhav to death, in which India accused Pakistan of “religious violations of the Vienna Convention on Consular Relations.
“The same month, ICJ put a stay on Jadhav’s death sentence and asked both countries to make their final cases by December 2017. That month, Pakistan permitted Jadhav’s mom and wife to meet him after months of demands from India.
Writer: Ritika Rana