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Tuesday, April 23, 2024  
09 Shawwal 1445  

Court grants one month to India for providing counsel to Kulbhushan Jadhav

In 2019, the ICJ ruled that Indian spy be allowed consular access immediately
The IHC CJ remarked would it be reasonable that India be given another opportunity to think about Jadhav's case as he was a citizen of the neighbouring country. File photo
The IHC CJ remarked would it be reasonable that India be given another opportunity to think about Jadhav's case as he was a citizen of the neighbouring country. File photo

The Islamabad High Court on Thursday granted at least one month to India to provide counsel to Kulbhushan Sudhir Jadhav, who had been arrested from Balochistan on espionage charges.

A larger bench, headed by Chief Justice Athar Minallah and included Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, conducted hearing in an appeal filed by the law ministry to appoint representative for Jadhav.

Attorney General Kahlid Javed Khan represented the federal government in the case.

In 2017, a military court handed down the death sentence to Jadhav for his involvement in espionage and sabotage activities in Karachi and Balochistan.

Later, India approached the International Court of Justice against the verdict of Pakistan's military court.

In its verdict on the case in 2019, the ICJ ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.

In Thursday's hearing, AG Khan told the court an act had been passed by the parliament related to the Indian spy case and according to it a plea could be filed in the high court related to the cases of foreigners.

According to the International Court of Justice (Review and Re-consideration) Act, 2021 passed by the Parliament, a consular officer of the mission of the State may file a petition before a high court for review and reconsideration of an order of conviction or sentence handed down by a military court.

In its arguments, the attorney general said India did not trust actions taken by the Parliament as well as the Pakistani courts.

At this the IHC chief justice remarked whether it would be reasonable that India be given another opportunity to think about Jadhav's case as he was a citizen of the neighbouring country.

Giving reference to the ICJ verdict in the case, AG Khan said India went to the international court on the basis that Jadhav was an Indian citizen and he was not being granted counsellor access. However, after the verdict, India did not seem interested to follow the case, he added.

Justice Minallah remarked that the international court in its verdict expressed confidence in the Pakistani court. He also inquired about the consequences if one of the parties in the case would not act upon the ICJ verdict.

The attorney general then briefed the court that India was waiting to approach the ICJ again, once the proceedings of the case in Pakistani courts are completed.

It was also said that Jadhav was Mubarak Patel, the AG said, adding, it was not true. India only considered Jadhav an asset and not a human being, he said.

At this Justice Minallah remarked that India should be given another opportunity so that it would consider Jadhav a human being and then decide the matter.

In its written order, the chief justice gave reference to the copies of note verbale received from India and the reply of the Pakistani government on it in January 2022. After going through the note verbale, it appeared to the court that probably, India may not have "properly appreciated" the judgment of the ICJ rendered in the case, wrote CJ Minallah in the order.

The court then adjourned hearing of the case till April 13.

Today marks six years of the arrest of Kulbhushan Jadhav as on March 3, 2016, the Pakistani intelligence agencies arrested the Indian spy.

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Justice Athar Minallah

Balochistan

Islamabad High Court

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