Islamabad, August 3
The Islamabad High Court on Monday ordered the Pakistan authorities to present “another chance” to India to nominate a lawyer for death-row prisoner Kulbhushan Jadhav, Pakistani media studies stated.
Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to loss of life by a Pakistani navy court docket on costs of espionage and terrorism in April 2017. India approached the International Court of Justice in opposition to Pakistan for denial of consular entry to Jadhav and difficult the loss of life 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 likewise to grant consular entry to India with out additional delay.
On Monday, a two-member bench comprising IHC Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb heard a petition filed by the Pakistan authorities to nominate a lawyer for Jadhav.
In its petition, the Pakistan authorities requested the IHC to nominate a authorized consultant for Jadhav in order that it could possibly fulfil its accountability to see to the implementation of the ICJ’s resolution.
It additionally claimed that Jadhav refused to file a evaluate petition or an software to rethink the decision in opposition to him by the navy court docket.
“Now that the matter is in the high court, why not give India another chance,” Justice Minallah was quoted as saying by Geo News.
The choose stated that the Indian authorities or Jadhav could rethink their resolution pertaining to the evaluate petition.
“India and Kulbhushan Jadhav should once again be extended an offer to appoint a legal representative” for the loss of life row prisoner, he added.
Responding to the choose’s remarks, Pakistan’s Attorney General Khalid Javed Khan stated an ordinance was issued to present a possibility to India and Jadhav to file a evaluate petition in opposition to the sentence.
“We will contact India again through the Foreign Office,” he stated.
The listening to was subsequently adjourned until September 3.
The Pakistan authorities filed the evaluate petition within the IHC on July 22.
However, the primary events, together with the federal government of India, weren’t consulted forward of the submitting of the appliance by the Ministry of Law and Justice below an ordinance which was enacted on May 20.
Under the ‘International Court of Justice Review and Reconsideration Ordinance 2020’, which was enacted on May 20, a petition for the evaluate of a navy court docket’s resolution may be made to Islamabad High Court by way of an software inside 60 days of its promulgation.
The ordinance was authorized by the parliament final week.
In New Delhi, External affairs ministry spokesperson Anurag Srivastava final month stated Pakistan has as soon as once more uncovered its “farcical” strategy by denying accessible authorized treatments to Jadhav in opposition to his loss of life sentence which can also be in contravention of the ICJ verdict, and asserted that it’s going to discover additional choices within the case.
Srivastava stated Pakistan has blocked all of the avenues for an efficient treatment accessible to India within the case, whereas noting that New Delhi has up to now requested consular entry to Jadhav for 12 instances over the previous one 12 months.
The MEA spokesperson stated Pakistan will not be solely in violation of the judgment of ICJ, but in addition of its personal ordinance. PTI