Address Shortcomings In Bill Linked To Kulbhushan Jadhav Case, India Tells Pakistan

The Bill codifies into law the earlier ordinance with all its shortcomings, said Ministry of External Affairs spokesperson Arindam Bagchi

India today asked Pakistan to address the "shortcomings" in a Bill brought out to facilitate reviewing the case of Indian death row convict Kulbhushan Jadhav, saying the proposed law does not create a mechanism to reconsider it as mandated by the International Court of Justice (ICJ). Ministry of External Affairs (MEA) spokesperson Arindam Bagchi criticised the provision in the Bill to invite municipal courts to decide whether any prejudice has been caused to Mr Jadhav by Pakistan on account of its failure to provide consular access in accordance the verdict of the ICJ. He said the Review and Reconsideration Bill 2020 does not create a mechanism to facilitate effective review and reconsideration of Mr Jadhav's case as mandated by the judgement of the ICJ, adding that municipal courts cannot be the arbiter of whether a state has fulfilled its obligations in international law. "This is clearly a breach of the basic tenet that municipal courts cannot be the arbiter of whether a state has fulfilled its obligations in international law. Not only this, it further invites the municipal court to sit in appeal, as it were, over the judgement of the ICJ," Mr Bagchi said.