Published 18:19 IST, December 1st 2020
Kulbhushan Jadhav case: Islamabad HC assures fair trial, hearing adjourned till January 14
Hearing the Kulbhushan Jadhav case, a three-judge bench of the Islamabad High Court made it clear that it is the court's responsibility to ensure a fair trial.
Hearing the Kulbhushan Jadhav case on Tuesday, a three-judge bench of the Islamabad High Court made it clear that it is the court's responsibility to ensure a fair trial. The bench comprising Chief Justice Athar Minallah, Justice Aamer Farooq, and Justice Miangul Hassan Aurangzeb assured Shahnawaz Noon- the counsel of the Indian High Commission in Islamabad that the verdict of the ICJ shall be implemented. When Islamabad HC Chief Justice inquired from him about India's stance on appointing a counsel for Jadhav, the latter responded that the Ministry of External Affairs is holding meetings on the issue in Delhi.
During the hearing, Pakistan's Attorney General Khalid Javed Khan reiterated that the Imran Khan-led government is willing to offer consular access to Jadhav for the third time. On the request of Noon, the Islamabad HC adjourned the hearing of the matter till January 14, 2021. India has consistently 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.
The 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 HC.
Farcical consular access for second time
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.
Updated 18:19 IST, December 1st 2020