Islamabad/New Delhi: The Islamabad high court ordered the Pakistani government to make another offer to India to appoint a lawyer for its national Kulbhushan Jadhav who was sentenced to death by a secret military court in April 2017 for alleged spying. The case will now come up for hearing on September 3.
However, while the court wants India to join the review process, the problem for India, according to official sources, is the lack of cooperation from Pakistani authorities. After Pakistan didn't allow India to hire a lawyer from outside the country, India had approached a Pakistani lawyer for filing a review petition in Islamabad high court.
The plea still couldn't be filed in the absence of any power of attorney and also because Pakistan, as India had earlier said, refused to share the case files, including the FIR, with him. India had then distanced itself from the review process calling it farcical and accusing Pakistan of closing all avenues for justice to Jadhav. On July 22, the government had filed a petition in the Islamabad HC requesting appointment of legal representative for Jadhav. Hearing the government’s plea, a two-member special bench comprising Islamabad HC Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb said another chance should be given to the Indian government for arranging a lawyer. Attorney general of Pakistan Khalid Javed Khan assured the court that the government was ready to make the offer again, and would contact India through the foreign office.
Official sources said that for the review to be credible, it was important for Pakistan to allow India to engage Jadhav on his legal rights by providing unimpeded and unconditional access to him.
Speaking to reporters after the hearing in Islamabad, the AG said the court had not yet considered whether Indian lawyers would be allowed to represent Jadhav or assist the Pakistani legal team.
On July 17, Pakistan had offered Jadhav consular access for the third time after Indian diplomats protested over meeting him in the presence of Pakistani spies. According to New Delhi, Pakistan has not been serious in allowing an effective review of Jadhav’s case and said that it reserved its right to go for further remedies.
During the proceedings, Justice Minallah asked the AG to brief the court on the history of the case. The AG said Jadhav was arrested on March 3, 2016, for entering Pakistan illegally. “Jadhav confessed to his links with RAW, and his involvement in espionage and terror activities in Pakistan. He was convicted by a military court which sentenced him to death in 2017, and his appeal for mercy is pending before the Chief of Army Staff,” the AG told the court.
