On 01 December, 2020, the Division Bench of Islamabad High Court, consisting of Chief Justice IHC, Athar Minallah, Justice Aamer Farooq, and Justice Hassan Aurangzeb, heard the petition for appointment of legal counsel for Kulbhushan Jadhav.

The Honorable Islamabad High Court (IHC) upon the International Court of Justice (ICJ) orders had initiated the re-trial of Kulbhusan Jadhav. Jadhav is a senior officer of India’s intelligence agency RAW who was arrested in 2016 and sentenced to death by the Field General Court Martial in Pakistan in 2017 for fermenting terrorism in Pakistan.

At the hearing, Chief Justice Minallah stressed that it is the Court’s obligation to implement ICJs verdict and ensure that Jadhav is given a fair trial, and asked the counsel for the defendant, Barrister Shahnawaz Noon, if the Government of India has appointed a legal counsel for Jadhav. The counsel stated before the Court that Gaurav Ahluwalia, the Deputy High Commissioner has shown his intent to appoint a lawyer for Jadhav, however they are also interested in the release of Muhammad Ismail, another Indian spy who has served his term in Pakistan.

With respect to Muhammad Ismail, the legal counsel representing the Government of Pakistan, Attorney General Khalid Jawed Khan, clarified that the case of Ismail has been taken up with the Ministry of Interior who have asked for some time to respond.

Chief Justice Minallah expressed that there is no need to detain a prisoner after he has completed his sentence unless there is evidence to corroborate why Muhammad Ismail should not be released. He said that ‘the Court would pass an appropriate order by the next date if the matter remains unresolved’.

The Attorney General of Pakistan also apprised the Court of Pakistan’s offer of a third Consular Access being granted to Jadhav. However, India has yet to respond to the offer.

Barrister Noon informed the Court that the Ministry of External Affairs of India is holding meetings regarding Jadhav’s case in Delhi. He remarked that the matter regarding the appointment of a lawyer for Jadhav has been discussed meticulously and stated that Mr. Gaurav could explain India’s point of view in court.

Chief Justice Minallah stated that the diplomat is ‘always welcome’ to appear before the Court if he wants to, and assist in the proceedings. He again stressed upon the Government of India’s decision to appoint a legal counsel for Jadhav so that Pakistan can fulfill its international obligation.

To this, the Attorney General of Pakistan commented that while the Indian High Commissioner could come to the Islamabad High Court and assist in the trial, but it is preferred that the Government of India should accept the third Consular Access provided to Jadhav, appoint a legal counsel and then engage with the Court. Chief Justice Minallah stated that it is a ‘fair stance of the Attorney General’ and asked Barrister Noon to inform the Indian High Commission.

Accordingly, the Honorable Court has given the Government of India three weeks to appoint a legal counsel for Kulbhushan Jadhav. The case hearing has been adjourned till 14 January, 2021.

• Author
• Recent Posts

Mahnoor Islam

Latest posts by Mahnoor Islam (see all)

• Has the US Learned From its Experience in Afghanistan? - July 20, 2022
• US’ Lawfare against Russia - May 16, 2022
• Is the US really behind the regime- change? - April 23, 2022