Published 23:29 IST, October 8th 2020
Impasse over Kulbhushan Jadhav's lawyer continues as Islamabad HC adjourns case to Nov 9
The impasse over the appointment of Kulbhushan Jadhav's lawyer continued on Wednesday after the Islamabad High Court adjourned the proceedings till November 9.
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impasse over appointment of Kulbhushan Jhav's lawyer continued on Wednesday after Islamab High Court journed proceedings till vember 9. Pakistan's Attorney General Khalid Javed Khan informed three-judge bench comprising Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb that India h availed legal remedy yet. He argued that India h raised 4 objections- concerns about International Court of Justice Review and Reconsideration Ordinance 2020, lack of meaningful consular access to Kulbhushan Jhav, t allowing Queen's Counsel to represent Jhav and that appearing before a Pakistani court would compromise its sovereign integrity.
reafter, Khalid Javed Khan claimed that pleing case through a Queen's Counsel was against Pakistani as well as Indian law. While observing that Indian government was showing some reluctance, Justice Minallah clarified that he was t doubting intention of former. During hearing, he asked Pakistan's Attorney General to assist court on precedent law of ICJ so that an effective review and reconsideration can be me in line with ICJ judgment. ditionally, he reiterated need to ensure that Jhav's right to life is protected and ICJ verdict is also implemented.
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ICJ verdict
Jhav having business dealings in Iran was abducted by Pakistan in March 2016. After a military court awarded him a death sentence on charges of espion and terrorism in 2017, India moved ICJ. In its judgment dated July 17, 2019, ICJ stayed Jhav's death sentence until review and reconsideration of his sentence and conviction are completed. Furrmore, ICJ directed Pakistan to allow India consular access to Jhav. Subsequently, Pakistan promulgated International Court of Justice Review and Reconsideration Ordinance 2020 permitting review of a military court's decision at Islamab High Court.
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Farcical consular access
On July 16, Pakistan once again failed to fulfill its obligations pertaining to ICJ verdict by t providing unimpeded, unhindered, and unconditional access to Jhav. MEA stated that Pakistani officials with an intimidating demeaur were present in close proximity to Jhav and consular officers. ting that retired Naval officer was under stress, MEA elaborated that arrangements did t permit a free conversation. After lodging a protest on farcical consular access provided by Pakistan, Indian consular officers left venue.
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23:29 IST, October 8th 2020