IHC Once Again Seeks India's Stance In Spy Kulbhushan Jadhav Case

ISLAMABAD, (UrduPoint / Pakistan Point News - 5th May, 2021 ) :A larger bench of Islamabad High Court (IHC) on Wednesday granted India one more opportunity to assist the court in case seeking to appoint a lawyer for spy Kulbhushan Jadhav to contest his appeal in light of the decision of International Court of Justice (ICJ).

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

Chief Justice Athar Minallah noted that the counsel of Indian High Commission had filed a miscellaneous application which reflected that the neighboring country had some misunderstandings regarding the court proceeding. Apparently, it seemed that India was not willing to cooperate with Pakistan for implementation of ICJ decision�Justice Minallah remarked.

Attorney General of Pakistan (AGP) Khalid Javed appeared before the court and informed it that India had rejected the suggestion of Pakistan to appoint a counsel for his spy. The India had adopted the stance that appearing before Pakistani courts would be an act against its sovereignty, he said, adding that but at the same time the neighboring country had approached a Pakistani court for release of its four citizens. The AGP 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.

The chief justice observed that at least the Indian should appoint a representative and informed the court through him that what it wanted. The bench had no doubt on the sovereignty of India but at least it should cooperate with this court to get a way for implementation of ICJ judgment, Justice Minallah observed. The bench said that there was no question of sovereignty of India before it.

The attorney general further said that all orders of this court had been shared with Indian spy Jadhav but he was still not willing to approach this court.

Amicus curiae Hamid Khan adopted the stance that there was no need to file petition by the law ministry for provision of lawyer to Kulbhushan Jadhav instead military court's judgment 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 contradicted the stance of Hamid Khan and said that there could be a contempt proceeding underway in ICJ Hague if the government wouldn't file this petition. The government had no sympathy for a murderer of Pakistanis, Javed said, adding that India had been waiting the conclusion of this case before IHC to approach ICJ.

The chief justice observed that this court had only one interest as a human life was involved in it. He observed that India should send a representative before this bench and inform that how the implementation of ICJ decision could be ensured. The attorney general 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 case before IHC.

The AGP prayed 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 sought comments from Indian High Commission till June 15.

A larger bench headed by Chief Justice IHC Athar Minallah and comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the petition filed by Ministry of Law and Justice seeking appointment of a lawyer for Indian spy Kulbhushan Jadhav to contest his appeal in line of ICJ decision.