Right to Appeal Denied to Kulbhushan Jadhav by ICJ

Allegation by Pakistan Defence Ministry

Islamabad (Pakistan) – The International Court of Justice (ICJ) did not give the right to appeal in Pakistan’s Supreme Court to Kulbhushan Jadhav. In June 2019, ICJ had passed a verdict in favour of India and allowed Jadhav to contact the Indian Consulate and to seek legal help. ICJ had also advised Pakistan to reconsider the death sentence given to Kulbhushan Jadhav. Pakistan defence ministry’s advocate Khwaja Haris Ahmad argued in the Supreme Court that there was no mention of the right to go in for appeal.

Pakistani Defence Ministry says Kulbhushan Jadhav, jailed since 2016 on spying charges, has no right to appeal.

Despite the 2019 ICJ ruling granting consular access, appeal denied.

🇮🇳 India says he was kidnapped from Iran, rejects espionage charges⚖️pic.twitter.com/nKmM8iNGvu

— Sanatan Prabhat (@SanatanPrabhat) April 20, 2025

The hearing was regarding the Pakistani citizens convicted by the military court for their involvement in riots staged after Imran Khan’s arrest on 09.05.2023. The Supreme Court asked whether Jadhav was given a similar right to appeal against his punishment and why such a facility was not extended to Pakistani citizens convicted by military court when the advocate of Pakistan’s defence ministry gave the above answer.

The advocate accepted that Pakistan violated clause 36 of the ‘Vienna Convention on Consular Relations’, a treaty signed in 1961 at Vienna (Austria) (It is an international treaty which allows the consular officers or nationals of the sending state to grant consular access, visit and communicate with nationals who are arrested.)

The Pakistan defence ministry’s advocate wanted to prove that Pakistani citizens were not given the rights but Kulbhushan was given limited rights and this case was heard.

Pakistan has claimed that Kulbhushan Jadhav was arrested in Balochistan under the accusation of espionage and terrorism. India has denied all claims of Pakistan and argued that Kulbhushan Jadhav, a retired officer of the Indian Navy, was picked up from Chabahar port of Iran.

Editorial Perspective

Pakistan changing International Court of Justice (ICJ)’s orders to suit its own convenience ! ICJ should, therefore, question Pakistan in this case.