ISLAMABAD - The Islamabad High Court (IHC) on Friday issued its written order in government’s plea seeking 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 Mian Gul 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 and issued its three-page written order.
The bench stated in it order that “the court feels that yet another effort be made by the government of Pakistan to alleviate the apprehension of the government of India regarding submission to the jurisdiction of Pakistani court.”
It observed, “Submission to the jurisdiction of any court is quite distinct from appearance before the court to assist in the matter. At this juncture, this court is conducting proceedings only to work out the way forward for implementing the judgement of the International Court of Justice and the said aspect of the matter needs to be brought to the attention of the government of India so that it can enter appearance and express its reservation, if any, regarding the procedure and methodology for implementing the judgement.”
The court observed that the present proceedings were being conducted to ensure that Commander Kulbhushan Jadhav was provided a fair opportunity to defend himself in the review proceedings to be carried out as ordered by the ICJ.
It noted, “The government of Pakistan shall make another effort to communicate with the government of India regarding purpose of instant proceedings and ensure presence before this court.”
He said that in any case by filing writ petition titled “Jaspal Vs Federation of Pakistan” submission has been made to jurisdiction of Pakistani courts. The AG submitted, “In the Note Verbale the government of India has appreciated the observations made by this court with respect to the opportunity of fair trial being granted to Commander Kulbhushan Jadhav.”
