ISLAMABAD-The Islamabad High Court (IHC) Tuesday gave another opportunity to the Indian government for appointment of a legal representative for Indian spy and agent of Research and Analysis Wing (RAW) Kulbhushan Jadhav.
The special larger bench of IHC comprising Chief Justice of IHC Justice Athar Minallah, Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing of the government’s plea seeking the appointment of a legal representative for Jadhav for filing his review petition against his death sentence.
The IHC bench observed that the ruling of International Court of Justice (ICJ) in Indian spy Kulbhushan’s case would be implemented in any case. The IHC Chief Justice remarked that it is our responsibility to ensure a fair trial in the Kulbhushan case.
Then he asked from a counsel representing the Indian High Commission in Islamabad that what is India’s stance in the case? Barrister Shahnawaz said that India’s External Affairs Ministry is holding meetings over the issue in Delhi. Attorney General Khalid Javed Khan informed the bench that the government is willing to offer India for consular access to Jadhav for a third time. 
At this, the defense counsel said that currently India is concerned over the detention of its national Muhammad Ismail who is behind the bars despite completing his sentence.  The IHC Chief Justice said that the prisoner should be freed if there is no bar. The AG told the court that his offense pertains to the Official Secrets Act.
Later, the bench deferred hearing in this matter till January 14 for further proceedings.
In this matter, the federal government had filed the petition regarding the death sentence of convicted Indian spy, Kulbhushan Jadhav, to implement the International Court of Justice’s (ICJ) decision to meet the requirements of a fair trial.
The Ministry of Law and Justice requested the court for appointment of a legal representative for Kulbhushan Jadhav so that he can file a review petition against his death sentence.
The government took the decision as the Indian spy has refused to file a review appeal against his death sentence. The Indian government has also refused to take advantage of Pakistan’s review appeal facility.
The petition stated that the IHC should appoint a counsel to review and reconsider the verdict of the military court in accordance with the decision of the ICJ. The Ministry cited Judge Advocate General (JAG) branch of General Headquarters (GHQ) and the Ministry of Defense as respondents.
It further stated that Jadhav had refused to file a review petition or an application to reconsider the verdict. It added that he did not have independent sources to hire a counsel to represent him.
The petition said that Kulbhushan, who was involved in several terrorist activities in Pakistan, refused to file plea against his sentence. The agent could not appoint a lawyer in Pakistan without assistance from India.
On July 16, Pakistan offered India third consular access to Jadhav as the day before Indian diplomats walked out of the meeting without hearing him. In this regard, Foreign Minister Shah Mehmood Qureshi had said that Pakistan was willing to provide another consular access to India without the presence of security personnel.
In July 2019, the ICJ ruled that Pakistan must grant consular access to India without any delay and at the same called for the “effective review and reconsideration” of the Jadhav’s case.
Commander Jadhav, who was arrested in March 2016 in a counter-intelligence operation from Balochistan, was sentenced to death by a military court a year later. His mercy petition had been pending before the army chief.