ISLAMABAD: Pakistan’s opposition parties walked out of the National Assembly on Thursday to protest against the government ordinance seeking implementation of the International Court of Justice’s (ICJ) 2019 ruling in the case of Indian national
Kulbhushan Jadhav allowing him to file a review petition against his conviction and sentence by a military court here.
Before the walkout, a heated debate was held on the issue, with the opposition accusing the government of trying to give an "NRO" to an Indian national through the ordinance, while the treasury blamed the former Pakistan Muslim League-Nawaz (PML-N) government for opting to go to the International Court of Justice during its tenure.
The acronym "NRO" refers to the National Reconciliation Order under which Benazir Bhutto (and many others) were able to return to Pakistan from exile as cases against them were dropped. The term is now commonly used in Pakistan to describe an attempt to use an ordinance to allow someone to escape the legal process.
"A terrorist who has confessed to his involvement in terrorism in our country, against whom we have completed legal proceedings — what has happened now that we are formally legislating to facilitate him," Khawaja Asif, a PML-N stalwart and former foreign minister, asked. "When we (PML-N) were in government, Jadhav was a slur used against us.
It was said that Nawaz Sharif was appeasing India," he said. "Who is appeasing India today?" Asif asked, urging the lawmakers not to allow the ordinance as it was "against national respect and honour".
Responding to Asif’s speech, human rights minister Shireen Mazari said both Pakistan Tehreek-i-Insaf (PTI) and Pakistan Peoples Party (PPP) had opposed the then PML-N government’s decision to contest the case in the ICJ after India took it there. "Why did you go to the ICJ then?" she asked.
"Now that you have accepted their jurisdiction and they have passed a verdict, we will have to implement it," Mazari said.
PPP chief Bilawal Bhutto-Zardari, also criticised the government for passing the ordinance in May without informing anyone. He pointed out that the rules and laws stated that an ordinance must be presented in parliament "as soon as possible" if it is promulgated when the House is in session. Both the Houses (NA and Senate) were in session in June, he said.
In response to Mazari’s speech, Bilawal said: "If you did not accept the jurisdiction of international courts, it does not mean that you grant an NRO to Jadhav through Pakistan’s law."
The PPP chief said the government had "already given an NRO" to Tehreek-i-Taliban Pakistan spokesperson Ehsanullah Ehsan, who had admitted his role in the Army Public School massacre of 2014. The interior minister had admitted earlier this year that Ehsan had escaped from Pakistan’s custody.
Bilawal said the "opposition’s conscience does not allow it" to let the session continue with the ordinance on its agenda and pointed out lack of quorum, prompting the Speaker to adjourn proceedings.
The ICJ (Review and Reconsideration) Ordinance, 2020, which was promulgated on May 20, gives foreign citizens convicted in Pakistan the right to file a review appeal in the country’s courts. The ordinance was promulgated after the ICJ, in its verdict last year, ruled that Pakistan grant consular access to Jadhav and allow him to file a review appeal.
Pakistan had invited India to move a review and reconsideration petition against Jadhav’s conviction before the Islamabad high court, which the Indian government did not file. A day earlier, the government approached the Islamabad HC for appointment of state counsel for Jadhav, in accordance with the ICJ’s verdict.