Pakistan’s Parliament enacted a law to give Indian death-row prisoner Kulbhushan Jadhav the right to file a review appeal against his conviction by a military court.

Jadhav, a 51-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India approached the International Court of Justice (ICJ) against Pakistan for denial of consular access to Jadhav and challenging the death sentence.

After hearing both sides, the Hague-based ICJ issued a verdict in July, 2019, asking Pakistan to give India consular access to Jadhav and also ensure review of his conviction.

The International Court of Justice (Review and Reconsideration) Bill, 2021 aimed to fulfill the obligation under the verdict of the ICJ and was presented by law minister Farogh Nasim and was passed by the joint sitting of the House through voice vote.

The law allowed Jadhav to challenge his conviction in the high court through a review process which was a requirement of the ICJ verdict.

Timeline of the case

March 3, 2016: Pakistan arrests Kulbhushan Jadhav, a former Indian Navy officer.

March 24, 2016: Pakistani authorities claim “Indian spy” Jadhav was arrested from Balochistan province.

March 26, 2016: Indian claims there is no proof that Jadhav, who owns a cargo business in Iran, was arrested in Balochistan as claimed by Pakistan.

March 29, 2016: New Delhi seeks from Islamabad consular access to Jadhav. Over the next one year, it made 16 such requests, which were denied by Pakistan.

April 10, 2017: A Pakistani army court sentences Jadhav to death “for his involvement in espionage and sabotage activities against Pakistan”. India warns Islamabad that it is a case of “premeditated murder”.

April 20, 2017: India officially seeks from Pakistan details of the trial proceedings against Jadhav as well as the appeal process.

May 8, 2017: India approaches the International Court of Justice (ICJ) at the Hague against the military court’s decision.

May 9, 2017: The ICJ stays Jadhav’s execution.

April 17, 2018: India files second round of written reply in the ICJ in Jadhav’s case.

July 17, 2018: Pakistan submits its second counter-memorial in the ICJ on the conviction of Jadhav.

February, 18, 2019: Four-day hearing in Jadhav’s case opens.

July 17, 2019: In a major victory for India, the ICJ rules that Pakistan must review the death sentence for Jadhav and provide him consular access.

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