Kulbhushan Jadhav Case: Supreme Court Reviews Appeal Rights
The case highlights the complexities of military courts and the need for transparency and accountability in the judicial process, particularly in cases involving foreign nationals and sensitive issues like espionage and terrorism.
The Supreme Court's seven-member Constitutional Bench, led by Justice Aminuddin Khan, is hearing intra-court appeals against the apex court's decision to stop military trials of civilians, including the case of Kulbhushan Jadhav, an Indian national sentenced to death for espionage and terrorism.
Khawaja Haris, the Defence Ministry lawyer, argued that the right of appeal was extended to foreign nationals due to the Vienna Convention, but the law was enacted for other foreign nationals arrested in Pakistan on charges of espionage, not specifically for Kulbhushan Jadhav. The bench noted that the review provided in the law is akin to an appeal against the judgment, and the re-consideration is alien to the constitution.
The International Court of Justice (Review and Re-consideration) Act 2021 was enacted to review and reconsider military court orders, including those related to foreign nationals, to ensure compliance with the Vienna Convention. The court is examining the case of Kulbhushan Jadhav, who was captured in Balochistan in 2016 and sentenced to death by a Field General Court Martial (FGCM) for espionage and terrorism.
The Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the court that deliberations are underway to provide the right of appeal to people sentenced by military courts in the 9th May incidents. The court has asked Khawaja Haris to complete his arguments by Thursday, and the case was adjourned until then.
The Supreme Court's decision on the case of Kulbhushan Jadhav and the right of appeal for convicts of the May 9 incidents will have significant implications for the country's judicial system and its compliance with international laws.