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