Pakistan dismisses mandate on Indian lawyers for Kulbhushan Jadhav: Pakistani media

On Thursday, Pakistan dismissed the request to allow Indian lawyers access to Kulbhushan Jadhav, who was captured by the Pakistan Army in 2017, local Pakistani media reported. As per local media reports in Pakistan, the country will have to amend its laws to allow Indian counsel for Kulbhushan Jadhav, and the authorities have now ruled out the possibility, in what is a violation of the ICJ verdict. 

However, Pakistani authorities have not revealed anything about the development and, in fact, Pakistan foreign office spokesperson Zahid Hafeez had said on Thursday that the Imran Khan-led country has adhered to the ruling of the ICJ.

This comes after the Ministry of External Affairs in its weekly press conference on Thursday said that it has maintained its position on providing unimpeded consular access, an Indian lawyer to Kulbhushan Jadhav, and a "free and fair" trial. MEA spokesperson Anurag Srivastava said that India was in touch with Pakistani authorities. "We continue to be in touch with Pakistan through diplomatic channels. We have raised with Pakistan that certain basic issues need to be addressed like providing unconditional, unimpeded consular access to him, provision of basic documents and appointment of an Indian lawyer to ensure free and fair trial."

READ | MEA affirms 'diplomatic' contact with Pak demanding Indian lawyer for Kulbhushan Jadhav

Pakistan has promulgated the 'International Court of Justice Review and Reconsideration Ordinance 2020' permitting the review of a military court's decision at the Islamabad High Court after ICJ verdict. In its verdict dated July 17, 2019, the International Court of Justice asked Pakistan to effectively review and reconsider the retired Indian Navy officer's sentence and conviction. However, if the report in Pakistani media stands true, this is a gross violation of the ICJ ruling. India is yet to respond on the development. 

Earlier on September 3, the Islamabad High Court on Thursday directed the Imran Khan-led government to give India another chance to appoint a legal representative for Kulbhushan Jadhav. A bench comprising Chief Justice Athar Minallah, Justice Amir Farooq and Justice Miangul Hassan Aurangzeb adjourned the hearing of the matter until October 3. During the hearing, Pakistan's Attorney General Khalid Javed Khan argued that India had not responded to the offer for appointing a lawyer despite granting consular access to Jadhav. 

READ | Islamabad HC reiterates India's right to appoint Kulbhushan Jadhav's lawyer;case adjourned

The Kulbhushan Jadhav case

Jadhav, a former Indian Navy officer-turned-privateer who was working in Iran was abducted by Pakistan in March 2016. After a Kangaroo military court awarded him a death sentence on charges of espionage and terrorism in 2017, India moved the ICJ. In its judgment, the ICJ stayed Jadhav's death sentence until the review and reconsideration of his sentence and conviction is completed. Additionally, the ICJ directed Pakistan to allow India consular access to Jadhav. 

On July 16, Pakistan once again failed to fulfill its obligations pertaining to the ICJ verdict by not providing unimpeded, unhindered, and unconditional access to Jadhav. The MEA stated that Pakistani officials with an intimidating demeanour were present in close proximity to Jadhav and the consular officers. Noting that the retired Naval officer was under stress, the MEA elaborated that the arrangements did not permit a free conversation. After lodging a protest on the farcical consular access provided by Pakistan, the Indian consular officers left the venue. 

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

READ | Islamabad HC to take up petition seeking defense counsel for Kulbhushan Jadhav on Thursday