ISLAMABAD: The Islamabad High Court (IHC) on Thursday conducted a hearing regarding the appointment of legal counsel for Indian spy Kulbhushan Jadhav and gave another chance to India to provide legal support to their ex-army employee.
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A larger bench of the IHC, comprising Chief Justice Athar Minallah, Justice Amir Farooq, and Justice Mian Gul Hassan Aurangzeb, conducted the hearing.
The Indian High Commission has responded to the Kulbhushan Jadhav case for the first time.
Indian High Commission requested the IHC that, according to the International Court of Justice (ICJ) decision, no action was being taken in the Kulbhushan Jadhav case. India asserted its rights under the Vienna Convention and the ICJ decision.
The high commission, in its plea, stated that the IHC does not have the power to appoint a lawyer for the Kulbhushan case.
The Attorney General of Pakistan (AGP) said that Pakistan gave consular access to Kulbhushan Jadhav during the hearing.
Chief Justice IHC Justice Athar Minallah remarked that India might not have read or misinterpreted the decision of the ICJ. If India does not want to get involved, how can it take the case forward?
The AGP said that India has read the ICJ decision but misinterprets it. He inquired if India did not want the court to appoint a representative for Kulbhushan Jadhav.
Justice Mian Gul Hassan Aurangzeb remarked that the law ministry would appoint a representative for this, but how to take the case forward? Has any of his acts been passed? There were no provisions in the ordinance to amend the Act. However, section 2 of the Act allows for a review appeal in the High Court.
The AGP further said it was clear that India was not interested in this case and wanted to go to the ICJ.
The court inquired if any of its acts had been passed. The AGP replied that there were no provisions in the ordinance to amend the Act. Section 2 of the Act allows for a review appeal in the high court.
“It is clear that India is not interested in this case and wants to go to the International Court of Justice,” he added.
The attorney general said India was waiting for something to happen from here on, which will go to the International Court of Justice.
The court remarked that the Kulbhushan Jadhav case is going on in open court, so why does India object?
Attorney general told Kulbhushan Jadhav had said in an interview that he was a serving Navy officer. However, India had claimed that he was Mubarak Patel, not Kulbhushan Jadhav.
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Justice Minallah remarked that let everyone treat Kulbhushan Yadav as a human being. We were here to implement the decision of the ICJ.
Later, the IHC ordered to give another chance to India to provide legal counsel to Kulbhushan Jadhav.
The court also adjourned the hearing till April 13.
