Kulbhushan Jadhav case: Islamabad HC forms 3-member bench as MEA punctures Pak's claim

The Islamabad High Court has formed a larger three-member bench to hear the petition filed by the Pakistan government to appoint a legal representative for Kulbhushan Jadhav. The court was hearing the petition filed by the Pakistan government to appoint a lawyer for Jadhav. It also named three senior lawyers as amici curiae in Jadhav's case as it ordered the Pakistan government to give "another chance" to India to appoint a counsel for the ex-navy officer from India.

The new bench includes Chief Justice Athar Minallah, Justice Amir Farooq and Justice Miangul Hassan Auranzgeb. Justice Farooq was added to the previous bench which heard the case on August 3. The next hearing in the case is scheduled for September 3.

READ | Pak presents ICJ review ordinance in parliament to allow Kulbhushan Jadhav file for review

MEA Repudiates Pakistan Claim

On Thursday, the Ministry of External Affairs rejected Pakistan's claim that it had reached out to India for appointing a lawyer for Kulbhushan Jadhav. This development comes even as the Islamabad High Court ordered on August 3 that the Indian authorities had a right to select Jadhav's legal representative. Revealing that no communication had been received from the neighbouring country, MEA official spokesperson Anurag Srivastava mentioned that basic issues were yet to be addressed. For instance, he urged Pakistan to make available relevant documents and provide unimpeded, unhindered and unconditional consular access to Jadhav. 

READ | MEA repudiates Pakistan claim of reaching out for appointing Kulbhushan Jadhav's lawyer

Islamabad HC Allows India To Appoint Kulbhushan Jadhav's Lawyer

On Monday, the Islamabad High Court instructed the Pakistan government to allow Indian authorities to appoint a lawyer to represent Kulbhushan Jadhav. This comes in the wake of the 'International Court of Justice Review and Reconsideration Ordinance 2020' being tabled in Pakistan's Lower House of Parliament. Permitting the review of a military court's decision at the Islamabad High Court, this ordinance was promulgated following the verdict of the International Court of Justice in the Jadhav case.

At the same time, the Islamabad High Court clarified that the lawyer should only be a Pakistani national, who is entitled to practise in the country. Speaking to the media, Attorney General Khalid Javed Khan added that so far, no option had been given regarding Indian lawyers assisting the Pakistani legal team. According to the court, Pakistan's Ministry of Foreign Affairs shall formally offer India the chance to appoint a legal representative for Jadhav. 

ICJ stays death sentence

Jadhav having business dealings in Iran was abducted by Pakistan in March 2016. After a military court awarded him a death sentence on the charges of espionage and terrorism in 2017, India moved the ICJ. In its verdict dated July 17, 2019, the ICJ asked Pakistan to effectively review and reconsider Jadhav's sentence and conviction. Moreover, Jadhav's death sentence was stayed until the completion of this process. Additionally, the ICJ directed Pakistan to allow India consular access to Jadhav. However,  Additional Attorney General Ahmed Irfan claimed that Jadhav had refused to file a review plea in the Islamabad High Court on June 17 despite being invited by the Pakistani authorities to do so. 

(image from PTI)

READ | Kulbhushan Jadhav case: MEA reiterates India's right to avail of other remedies

READ | Islamabad HC Allows India To Appoint Kulbhushan Jadhav's Lawyer; Specifies Condition