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Kulbhushan Jadhav Case: Pak Claims Offering Consular Access For 3rd Time; Case Adjourned

On Monday, the Islamabad High Court gave more time to the Indian government to appoint a lawyer for Kulbhushan Jadhav and adjourned the matter till December 1.

Written By
Akhil Oka
Kulbhushan Jadhav

On Monday, the Islamabad High Court gave more time to the Indian government to appoint a lawyer for Kulbhushan Jadhav and adjourned the matter till December 1. During the hearing, Pakistan's Attorney General Khalid Javed Khan informed the bench comprising Chief Justice Athar Minallah, Justice Aamer Farooq, and Justice Miangul Hassan Aurangzeb that Pakistan had allegedly offered consular access to Jadhav for the third time. Moreover, Khan claimed that the Indian government was not interested in Jadhav's defence and accused it of "deliberately obstructing" the implementation of the International Court of Justice verdict.

Meanwhile, Chief Justice Athar Minallah inquired from Shahnawaz Noon, the counsel of Indian High Commission in Islamabad on why the retired Naval officer had not been provided with a lawyer. However, the lawyer sought time to submit his reply, saying that he wanted to take directives from the Indian High Commission. Additionally, Noon also complained of not receiving documents related to Jadhav.

At this juncture, Pakistan's Attorney General asked him to bring the power of attorney from the Indian High Commission to get the requisite documents. Maintaining that Indian cooperation was necessary for the implementation of the ICJ judgment, Chief Justice Athar Minallah assured the Indian side that it could approach the Islamabad HC in case of any reservations. India has raised 4 objections- concerns about the International Court of Justice Review and Reconsideration Ordinance 2020, lack of meaningful consular access to Kulbhushan Jadhav, not allowing Queen's Counsel to represent Jadhav and that appearing before a Pakistani court would compromise its sovereign integrity. 

Read: Islamabad HC Reiterates India's Right To Appoint Kulbhushan Jadhav's Lawyer;case Adjourned

Read: Pakistan Dismisses Mandate On Indian Lawyers For Kulbhushan Jadhav: Pakistani Media

Pakistan promulgates ordinance

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 judgment dated July 17, 2019, the ICJ stayed Jadhav's death sentence until the review and reconsideration of his sentence and conviction are completed. Furthermore, the ICJ directed Pakistan to allow India consular access to Jadhav. Subsequently, Pakistan promulgated the International Court of Justice Review and Reconsideration Ordinance 2020 permitting the review of a military court's decision at the Islamabad HC.

Read: Despite ICJ's Kulbhushan Order, Islamabad HC To 'hear' Matter On Appointing His Counsel

Read: Pak Presents ICJ Review Ordinance In Parliament To Allow Kulbhushan Jadhav File For Review

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