Legal minds dissect Jadhav case verdict

Say Islamabad also succeeded in highlighting Indian-sponsored terrorism

ISLAMABAD: Though India may be jubilant over technical relief, Pakistan has been successful in getting substantive relief from the International Court of Justice (ICJ) in Indian spy Kulbhushan Jadhav case as the ICJ has left the matter of ‘effective review’ to Pakistan.

Neither the ICJ passed ruling on the working of the military courts in Pakistan nor it asked for a retrial of the spy. Renowned international law expert Ahmar Bilal Sufi said the ICJ gave technical relief to India by allowing consular access but Pakistan has been successful in getting substantive relief.

He said Pakistan has various options to fulfill obligation of ‘effective review’, adding that special bench can be constituted to hear the matter while a committee consisting local and international experts may be constituted to ensure fair trial.

ICJ ruling validates military courts: DG ISPR

“Pakistan has been successful in highlighting Indian-sponsored terrorism in Pakistan at the world’s highest judicial forum. The material related to Indian terrorist’ activities will remain on the ICJ web archive.”

According to Barrister Taimur Malik, the ICJ verdict is a victory for Pakistan on many counts.

“(a) Jadhav will remain in Pakistani custody; (b) the choice of what constitutes effective review and reconsideration has been left to Pakistan and shows the ICJ’s faith in the Pakistani judicial system; (c) no limits have been placed on the nature of punishment that Pakistan can finally award to Jadhav and that (d) no adverse comments have been given regarding the military courts despite India’s best attempts.”

Another renowned lawyer Salman Akram Raja said any local lawyer can represent Jadhav.  He said under Article 199 (3), Jadhav can approach a high court to get remedy.   Another lawyer said the government of Pakistan on behalf of him can file a petition in the high court. A lawyer said the Peshawar High Court verdict to set aside a military court decisions has been helpful for Pakistan.