Islamabad HC allows India to appoint Kulbhushan Jadhav's lawyer; specifies condition

On Monday, the Islamabad High Court instructed the Pakistan government to allow Indian authorities to appoint a lawyer to represent Kulbhushan Jadhav. This comes in the wake of the 'International Court of Justice Review and Reconsideration Ordinance 2020' being tabled in Pakistan's Lower House of Parliament. Permitting the review of a military court's decision at the Islamabad High Court, this ordinance was promulgated following the verdict of the International Court of Justice in the Jadhav case.

At the same time, the Islamabad High Court clarified that the lawyer should only be a Pakistani national, who is entitled to practise in the country. Speaking to the media, Attorney General Khalid Javed Khan added that so far, no option had been given regarding Indian lawyers assisting the Pakistani legal team. According to the court, Pakistan's Ministry of Foreign Affairs shall formally offer India the chance to appoint a legal representative for Jadhav. 

Read: MEA Busts Pak Lie On Kulbhushan Jadhav's Review Plea, Commits To Bring Him Back Safely

ICJ stays death sentence

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 verdict dated July 17, 2019, the ICJ asked Pakistan to effectively review and reconsider Jadhav's sentence and conviction. Moreover, Jadhav's death sentence was stayed until the completion of this process. Additionally, the ICJ directed Pakistan to allow India consular access to Jadhav. However,  Additional Attorney General Ahmed Irfan claimed that Jadhav had refused to file a review plea in the Islamabad High Court on June 17 despite being invited by the Pakistani authorities to do so. 

Read: Kulbhushan Jadhav Case: MEA Reiterates India's Right To Avail Of Other Remedies

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 Kulbhushan 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.