ISLAMABAD - The Islamabad High Court (IHC) on Wednesday granted India another opportunity to assist the court about the Pakistani government’s plea seeking the appointment of a legal representative for Indian spy Kulbhushan Jadhav for filing his review petition against his death sentence. 

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 appointment of a legal representative for Indian spy Kulbhushan Jadhav for filing his review petition against his death sentence. 

Giving another opportunity to India, the IHC bench sought India’s stance in the petition seeking appointment of a lawyer for the arrested Indian spy Kulbhushan Jadhav to contest his appeal in light of the decision of International Court of Justice (ICJ). 

The court sought reply from the Indian High Commission till next date of hearing and deferred the proceedings till June 15. 

During the hearing, the IHC Chief Justice noted that the counsel of Indian High Commission had filed a miscellaneous application which reflected that the neighbouring country had some misunderstandings regarding the court proceeding. He said that apparently, it seemed that India was not willing to cooperate with Pakistan for implementation of ICJ decision. 

Attorney General of Pakistan (AGP) Khalid Javed told the court that India had rejected the suggestion of Pakistan to appoint a counsel for his spy. The AGP said that India had adopted the stance that appearing before Pakistani courts would be an act against its sovereignty. But at the same time, Javed said,  the neighbouring country had approached a Pakistani court for release of its four citizens. He said that if India had objection over appearing before Pakistani courts in Jadhav case then why it had approached IHC in matter of its other citizens. 

Justice Athar observed that at least, India should appoint a representative and inform the court through him that what it wanted. He continued that the bench had no doubt on the sovereignty of India but at least it should cooperate with the court to get a way for implementation of ICJ judgement. He said that there was no question of sovereignty of India before the court. The AGP said that all orders of this court had been shared with Indian spy Jadhav but he was still not willing to approach the court. 

Then amicus curiae Hamid Khan stated that there was no need to file petition by the law ministry for provision of lawyer to Kulbhushan Jadhav instead military court’s judgement could be challenged. 

The Chief Justice remarked that the bench appreciated the step of Pakistan for giving opportunity to Indian government and its citizen to get legal advantage. 

The AGP opposed the stance of Hamid Khan and said that there could be a contempt proceeding underway in ICJ Hague if the government would have not file this petition. 

He continued that the government had no sympathy for a murderer of Pakistanis and India had been waiting the conclusion of this case before IHC to approach ICJ. 

Justice Athar observed that this court had only one interest as a human life was involved in it. He added that India should send a representative before this bench and inform that how implementation of ICJ decision could be ensured. 

The AGP said that a presidential ordinance was also issued in Pakistan for implementation of ICJ verdict. He said that India again wanted a proceeding at international forum on January 1, 2021 pertaining to the matter but it could not do it due to pendency of the case before IHC. 

Javed requested the court to appoint a lawyer to contest appeal of Jadhave if India did not cooperate in this case. The court, however, granted one more opportunity to India and adjourned the hearing.

In this matter, the federal government filed the petition regarding 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 legal representative for Kulbhushan Jadhav, an Indian spy and agent of Indian intelligence agency Research and Analysis Wing (RAW), so that he could file a review petition against his death sentence. 

The government took the decision as the Indian spy had 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.