Islamabad: Islamabad Highcourt on Monday ordered the Government of Pakistan to give India ‘one more chance’ to appoint a lawyer for Kulbhushan Jadhav, a former Indian Navy officer facing the death penalty. It has been said in reports in Pakistani media. Jadhav (50) is a retired Indian Navy officer. He was sentenced to death in April 2017 by a Pakistan military court on charges of espionage and terrorism. India moved the Hague International Court of Justice (ICJ) against Pakistan’s refusal to provide diplomatic access to Jadhav and to challenge his death sentence. The ICJ had said in its order in July 2019 that Pakistan would have to ‘effectively review and reconsider’ Jadhav’s conviction and sentence. Also, he must also allow India to contact him through diplomatic channels without delay.
On Monday, a two-judge bench of the Islamabad High Court heard the petition of the Pak government to appoint a lawyer for Jadhav. The bench consisted of High Court Chief Justice Athar Minalla and Justice Miyangul Hasan Aurangzeb. The Pakistan government in its petition had requested the High Court to appoint a legal representative for Jadhav, so that he could fulfill the responsibility of overseeing the implementation of the ICJ decision. The petition also claimed that Jadhav refused to file a review petition or a review petition against the military court’s decision against him.
Proposal to appoint a legal representative
Quoting Justice Minalla, Geo News said, “Now that this matter is in the High Court, why is India not being given a second chance?” The judge said that the Government of India or Jadhav can reconsider their decision related to the review petition. He said, ‘India and Kulbhushan Jadhav should once again propose to appoint a legal representative for a prisoner facing death sentence.’ Reacting to the judge’s remarks, Pakistan’s Attorney General Khalid Javed Khan said an ordinance was issued to give India and Jadhav an opportunity to file a reconsideration petition against the sentence. He said, “We will contact India once again through the Foreign Office.” However, the hearing was adjourned for September 3.
The petition was filed on 22 July
The Government of Pakistan filed a review petition in the High Court on 22 July. However, the main party in the case, including the Government of India, was not approached before the law and justice ministry filed the application under the ordinance, which came into effect from May 20. A petition for review of the decision of the military court under the ‘ICJ Review and Reconsideration Ordinance 2020’ can be filed in the Islamabad High Court within 60 days of the ordinance’s implementation. The ordinance was approved by the Pakistani Parliament last week. At the same time, in New Delhi, Foreign Ministry spokesman Anurag Shrivastava said last month that Pakistan has once again demonstrated its fraudulent stance by refusing to let Jadhav use the available legal remedies against capital punishment.
