Published 19:08 IST, November 13th 2019
Pakistan might modify its Army Act; good news for Kulbhushan Jadhav
Pakistan is set to modify section 133 of the Army Act which means Jadhav could take his case to civilian court and appeal against the verdict of military court
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Pakistan might amend its Army Act to provide Kulbhushan Jhav right to appeal in a civilian court. This is considered a major development as Pakistan is yet to fully implement verdict of International Court Of Justice (ICJ) which h directed it to review its decision on Jhav.
Pakistan set to modify section 133 of Army Act
Sources say that Pakistan is set to modify section 133 of Army Act which means Jhav could take his case to a civilian court and appeal against verdict of military court. If that happens, it would also mean that India could n provide legal assistance to Jhav which almost impossible orwise as ruling of military courts can t be challenged in civilian courts in Pakistan. It is t that re is provision for appeal against verdict of a military court. While one could appeal against ir decision, it has to be in Court of Appeals which comprises of Chief of Army Staff, Major General or Brigier. An appeal in a civilian court, refore, is t provisioned as it does t have aforementioned officials part of procedure.
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In case Pakistan amends Army Act, it would open doors of opportunity for many cases which do t have a scope of going furr. According to provision, any verdict given by military court would have to be challenged in a civilian court within six months of ruling. As far as Kulbhushan Jhav's case is considered, terms of date would slightly differ. In his case, date would t be counted from day of Military Court's verdict but day from International Court of Justice's verdict.
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Earlier this year, International Court Of Justice h found that Pakistan h violated Vienna Convention on Consular Relations. Pakistan, it h said in its verdict, h “deprived India of right to communicate with and have access to Mr Kulbhushan Sudhir Jhav, to visit him in detention and to arrange for his legal representation”. It h ordered an “effective review and reconsideration of conviction and sentence of Mr. Kulbhushan Sudhir Jhav”. India got its first consular access to Kulbhshan Jhav on 2nd September 2019 with n Deputy Indian High Commissioner Gaurav Ahluwalia meeting Jhav for two hours.
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18:20 IST, November 13th 2019