New Delhi (NVI): Pakistan has indulged in “farcical” actions on the issue of Consular access to Kulbhushan Jadhav, India said today while highlighting how Islamabad failed to provide remedy to the death row convict as per the directions of the International Court of Justice.
External Affairs Ministry spokesman Anurag Srivastava told a media briefing here that India has requested consular access 12 times over the past one year but Pakistan has so far not been able to provide an “unimpeded” consular access.
Giving details, he said the meeting of Indian Consular Officers with Jadhav on July 16 was scuttled by Pakistan authorities as the Consular Officers were instructed not to hand over any document to the imprisoned Indian.
Hence, the Indian Consular Officers could not obtain a Power of Attorney from Jadhav, the spokesman said.
Similarly, India has repeatedly requested Pakistan for relevant documents related to the case of Jadhav and in response, it was told that the relevant documents could be handed over only to an authorised Pakistani lawyer.
“Thereafter, India appointed a Pakistani lawyer to obtain the relevant documents. To our surprise, as advised by the Pakistani authorities, when the authorised Pakistani lawyer approached the concerned authorities, they declined to handover the documents to the lawyer,” Srivastava said.
“In the absence of an unimpeded and unhindered consular access as well as of the relevant documents, as a last resort, India tried to file a petition on 18 July. However, our Pakistani lawyer informed that a review petition could not be filed in the absence of power of attorney and supporting documents related to the case of Shri Jadhav,” he said.
While detailing the “farcical” actions, he said, Pakistan also created confusion over the last date of filing a petition. Initially, they indicated that a petition has to be filed by no later than 19 July. Subsequently, Pakistan indicated that the time limit to file a review petition shall expire on 20 July.
“Knowing the inadequacies and shortcomings in the Ordinance, India had already shared its concerns in June 2020, including a considerable delay in informing India about its promulgation, with the Pakistan authorities. Pakistan took two weeks to inform us about this Ordinance and shared the copy of the Ordinance only after India requested the same.”
The MEA spokesman said India has conveyed to Pakistan that the Ordinance neither fulfils nor gives complete weight to last year’s judgment of the ICJ.
“With regards to the Ordinance, it seems, Pakistan was non-serious in its approach and was not interested in implementing the judgment of the ICJ in letter and spirit. It has blocked all the avenues for an effective remedy available for India,” Srivastava said.
“The whole exercise of not providing any documents related to the case even after repeated requests, not providing an unimpeded consular access and some reported unilateral action of approaching the HC on part of Pakistan again exposes the farcical nature of Pakistan’s approach,” he said.
The spokesman said Pakistan “is not only in violation of the judgment of ICJ, but also of its own Ordinance. Pakistan has completely failed to provide the remedy as directed by the ICJ and India reserves its position in the matter, including its rights to avail of further remedies.”
