IHC directs govt to offer India, Jadhav another chance

High court decides to form a larger bench for hearing of case against Indian spy

Our Correspondent August 03, 2020
Indian commander Kulbushan Jadhav. PHOTO: FILE


The Islamabad High Court (IHC) on Monday directed the federation to offer another opportunity to New Delhi and Kulbhushan Jadhav for the appointment of a legal representative for the Indian spy and decided to form a larger bench for the hearing of the case.

The court restraining the authorities concerned to make statements expressed the resolved to ensure a fair trial in the case.

A two-member bench of the IHC comprising Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb heard the petition filed by the defence secretary regarding the appointment of a legal representative for Jadhav following the orders of the International Court of Justice (ICJ) on the Indian spy’s sentence.

On being inquired, Attorney General for Pakistan (AGP) Khalid Javed Khan informed the court that Jadhav was arrested on March 3, 2016 for illegally entering Pakistan and the Indian spy on behalf of Research and Analysis Wing (RAW) had admitted of being involved in espionage activities in his confessional statement before the magistrate.

The AGP told the IHC that a military court had sentenced Jadhav after conducting his trial according to the Army Act and Official Secret Act after which, in 2017, India approached the ICJ.

The court was further informed that India had accused Pakistan of violating the Vienna Convention and denying consular access to Jadhav and that the ICJ had issued a stay order on his execution, which existed till to-date.

The AGP said that in pursuance of the ICJ orders, an ordinance was issued and Jadhav was given a chance to file a review petition against his sentence.

He reiterated that Jadhav was given full right to file a review appeal against his death sentence and added that India was now running away from the ICJ’s decision.

He further said that the India was trying to seek relief by pointing out flaws in the Jadhav case.

The APG requested the court to appoint a legal representative for the Indian spy under the ordinance.

“Kulbhushan Jadhav’s mercy petition is pending before the army chief,” he said.

Chief Justice Minallah directed the AGP to offer India and Jadhav another opportunity to appoint a legal representative in the case.

The AGP told the court that the ICJ had rejected India’s request to release Jadhav and added that the Indian spy was given full right for a fair trial.

“Now the matter is in the high court, so, why not give India another chance. The Indian government or Kulbhushan Jadhav might review their decision,” CJ Minallah remarked.

The court decided to form a larger bench for the hearing of the case and appointed senior lawyers Abid Hassan Manto, Abid Khan and Makhdoom Ali Khan as amicus curiae.

The hearing of the case was adjourned until September 3.


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