Islamabad, August 4
A high Pakistani court docket has named three senior attorneys as amici curiae within the case of Kulbhushan Jadhav because it ordered the Pakistan authorities to offer “another chance” to India to nominate a counsel for the death-row prisoner.
Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to demise by a Pakistani army court docket on fees of espionage and terrorism in April 2017.
India approached the International Court of Justice towards Pakistan for denial of consular entry to Jadhav and difficult the demise sentence.
The Hague-based ICJ dominated in July 2019 that Pakistan should undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and in addition to grant consular entry to India with out additional delay.
A two-member bench of the Islamabad High Court (IHC) comprising Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb appointed the three attorneys on Monday because it held a listening to of the petition filed by the Pakistan authorities to nominate a lawyer for Jadhav.
Amicus Curiae is a lawyer appointed by a court docket to help in any matter or case.
The court docket additionally ordered a bigger bench to be arrange for the case. It additionally directed the registrar of the court docket to repair the proceedings at 2 pm on September three earlier than a bigger bench.
“We appoint Abid Hassan Manto, Hamid Khan, Senior Advocates of the Supreme Court and former presidents of the Supreme Court Bar Association, and Makhdoom Ali Khan, Senior Advocate Supreme Court and former Attorney General of Pakistan, as amici curiae for our legal assistance in general and, in particular, to ensure that the judgement of the International Court is effectively implemented,” the court docket stated in its order.
The Pakistan authorities in its petition has claimed that Jadhav refused to file a evaluate petition or an software to rethink the decision towards him by the army court docket.
“We really feel that in an effort to make sure the effectiveness of the evaluate and reconsideration of the conviction and sentence of Commander Jadhav, an inexpensive alternative should be prolonged to the latter and the Government of India to rearrange authorized illustration and to file a petition.
“We, subsequently, at this stage restrain ourselves from appointing a counsel on behalf of Commander Jadhav and advise the Government of Pakistan to increase a chance to Jadhav and the Government of India for arranging authorized illustration by way of Article 32(1)(c) of the Convention and in accordance with the relevant legal guidelines,” the court docket order stated.
The court docket additionally requested the Pakistan authorities to speak the order to the Indian authorities.
Responding to the choose’s remarks, Pakistan’s Attorney General Khalid Javed Khan stated an ordinance was issued to offer a chance to India and Jadhav to file a evaluate petition towards the sentence.
“We will contact India again through the Foreign Office,” he stated.
He advised the court docket that Jadhav was being taken care of and was in good well being.
On July 16, Pakistan supplied consular entry to Jadhav, however the Indian authorities stated the entry was “neither meaningful nor credible” and he appeared visibly beneath stress.
In New Delhi, External affairs ministry spokesperson Anurag Srivastava final month stated Pakistan had as soon as once more uncovered its “farcical” strategy by denying obtainable authorized treatments to Jadhav towards his demise sentence which can be in contravention of the ICJ verdict, and asserted that India would discover additional choices within the case.
Srivastava stated Pakistan had blocked all of the avenues for an efficient treatment obtainable to India within the case, whereas noting that New Delhi had to this point requested consular entry to Jadhav for 12 occasions over the previous one 12 months.
The MEA spokesperson stated Pakistan is just not solely in violation of the judgment of the ICJ, but additionally of its personal ordinance. PTI