ISLAMABAD - The Islamabad High Court (IHC) on Tuesday deferred the hearing of Pakistani 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 Miangul Hassan Aurangzeb conducted hearing of the government’s plea seeking the appointment of a legal representative for Indian spy Kulbhushan Jadhav for filing his review petition against his death sentence.
Acceding to a plea of Attorney General for Pakistan (AGP), the bench deferred the hearing without any further proceedings till October 5.
Previously, amicus curiae Hamid Khan had stated before the court 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 CJ remarked that the bench appreciated the step of Pakistan for giving opportunity to the 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 filed this petition.
He said 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 said that India should send a representative before this bench and inform that how the 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.
In this matter, the federal government filed a 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 legal representative for Kulbhushan Jadhav, an Indian spy and agent of Indian intelligence agency Research and Analysis Wing (RAW), 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.