Govt prefers former AGP over Jordanian jurist in Jadhav case

Makhdoom Ali Khan appears a favourite pick over veteran ICJ judge Awn Al-Khasawneh

ISLAMABAD: The federal government has started consultation regarding the nomination of an ad-hoc judge for the Kulbhushan Jadhav case being heard by the International Court of Justice (ICJ) at The Hague.

Jadhav, an Indian spy arrested from Balochistan last year, was sentenced to death by a military court in Pakistan on April 10 for ‘fomenting terrorism in Balochistan and Karachi’.  His execution was stayed on May 18 by the ICJ on India’s request.

Sources told The Express Tribune that government’s functionaries have started consultations for the nomination of an ad-hoc judge, adding that during the tenure of deposed prime minister Mian Nawaz Sharif, former Supreme Court judge Khalilur Rehman Ramday was approached, but he declined the nomination.



Sources also revealed that the Attorney General for Pakistan’s (AGP) office has recommended the names of senior lawyer Makhdoom Ali Khan, former chief justice Tassaduq Hussain Jilani and former Jordan prime minister Awn Shawkat Al-Khasawneh to Prime Minister Office (PMO) for the nomination of one name as an ad-hoc judge.

Makhdoom Ali Khan, who is seen as the favourite for the job, also has experience in international arbitration cases, having represented eight different countries in international courts.

Sources informed that the nomination of the ad-hoc judge will be finalised after getting input from the Foreign Office and military establishment.

Indian attempt to delay

In June, the ICJ registrar had rejected India’s plea to give six months to file its pleadings in the case. A senior official revealed that if the ICJ accepted the Indian request, the case would have been delayed by more than eighteen months, adding that the Indian authorities have been directed to file their pleadings before September 13.

The official revealed that the name of the ad hoc judge will be finalised next month, soon after the Indian side files its documents.

On the other hand, Pakistan Bar Council (PBC) representative Raheel Kamran Sheikh has called upon the government to seek parliament’s approval on the appointment of an ad hoc judge.



Only one person has previously been appointed as ICJ judge in Pakistan’s history – former foreign minister Zafarullah Khan, who was appointed in 1954 and later became the president of the court

Yaqub Ali Khan and Sharifuddin Pirzada both served as ad-hoc judges, as did Zafarullah.

Late appointment

Legal experts expressed concern over the delay in the nomination of the ad-hoc judge. They believe that the government should have appointed the judge before the provisional hearing.

“Generally, it has been seen that countries nominate ad-hoc judges early so that they could be made aware of any move related to those cases. For example, the United States appointed an ad-hoc judge immediately after their dispute with Iran [got to] the ICJ,” a senior lawyer informed.

Earlier, a meeting was held on June 8 between ICJ President Ronny Abraham and the delegations of India and Pakistan to discuss the timeline of the case. The ICJ registrar and other court officials were also present in the 45-minute meeting.



The Pakistani delegation was led by Attorney General Ashtar Ausaf Ali and also included Foreign Office Director General for South Asia Dr Muhammad Faisal, FO International Disputes Unit Head Ahmad Irfan Aslam, and Pakistan’s counsel Khawar Qureshi.

The senior official said that Pakistan had requested that the filing of written replies ought to be completed before the end of the year, adding that Pakistan is expected to give its own in December.

Likewise, the AGP had opposed India’s request for six months to file pleadings on the grounds that India already had a full year to prepare its case and had hurriedly requested an expedited hearing on provisional measures, wherein the stay was granted.

Sources revealed that Pakistan, in its pleadings, will be filing a dossier on various human rights violations by India to highlight its lack of respect for human rights.



“It will also provide evidence of the terror financing network which was penetrated and broken based on information revealed by Jadhav,” they further informed. During the meeting, the AG also informed the ICJ about Pakistan’s intent to appoint an ad-hoc judge.

Meanwhile, a senior lawyer with expertise in international law has told The Express Tribune that India cannot obtain an acquittal or the release of Jadhav on the basis of its application.