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IHC allows margin to Jadhav, India to assign legal counsel

Next proceeding on December 9

SAMAA | - Posted: Oct 9, 2021 | Last Updated: 2 months ago
SAMAA |
Posted: Oct 9, 2021 | Last Updated: 2 months ago

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The Islamabad High Court (IHC) allowed on Tuesday extra time for the detained Indian spy, Kubhushan Jadhav, to appoint a legal counsel. The three-judge IHC bench under Justice Athar Minallah heard the case filed by the law ministry for designating a lawyer for the captive Indian spy. Other judges on the bench included Justice Aamer Farooq and Justice Miangul Aurangzeb. Attorney-General Khalid Javed Khan and the court's adviser, Advocate Hamid Khan, attended the proceedings as well. On May 5, the court had decided to give more time to Jhadav for appointing a legal representative, the attorney-general reminded. He told the court that India had been conveyed the decision, but, so far, there had been no response from New Delhi. India, the attorney-general pointed out, wanted private consular access for Jadhav, but that could not be granted by any country in such a case. He insisted that the authorities could not allow Jadhav to meet India’s representatives in private because they could cause him harm. “They can cause harm to him just by shaking hands with him. Pakistan, he said, wanted to implement the International Court of Justice (ICJ) ruling, but India did not seem interested in it. He said that only the court could appoint a legal representative on behalf of Kulbhushan Jadhav, who could file an appeal on his behalf. He said that the government could not appoint anyone on his behalf. Justice Aamer Farooq responded by saying under which law should the court proceed to appoint a legal cousel? Justice Miangul Hassan Aurangzeb said that when India was not interested in filing an appeal on behalf of the prisoner, what could the court do? Justice Athar Minallah said that the court “wants to fully implement the ICJ ruling and this is possible only by way of effective proceedings. “We need to p roceed in accordance with the Vienna Convention because his life depends on the outcome”, he said. He said that the court believed that India would not waste this opportunity and come forward. He was of the view that if more time was allowed, India might send their representatives to tell the court about their reservations. The judge asked the attorney-general to convey to India and the spy the court’s message. “Remind Kulbhushan and the Indian government again. If India has any reservations, it may convey them here, or someone from the Indian embassy in Pakistan may convey them. That may resolve the situation,” the judge said. On Saturday [October 9], the Islamabad High Court issued a written order stating that "effective review and reconsideration to Jadhav can only be ensured if India gives its meaningful assistance". The court remarked that it is Pakistan's obligation to safeguard the right to life and the right to a fair trial to Jadhav. "A reasonable opportunity is offered to the Government of India to alleviate any apprehensions and extend its meaningful assistance without prejudice." The next proceedings in the case will be held on December 9, it added. In April this year, Indian High Commission’s legal representative Barrister Shahnawaz Noon had excused himself from appearing in the case. Appearing in a miscellaneous case, he had said that he was not been authorized to appear in the Jadhav case and he could file any remark on behalf of India. On October 6, 2020, veteran lawyers Makhdoom Ali Khan and Abid Hassan Minto had declined to appear in the court as amicus curiae. The Supreme Court had appointed both of them to assist the court, but both of them had filed separate reasons for turning down the position. Makhdoom Ali Khan had cited professional engagements while Abid Hassan Minto had said that his health did not allow him to appear in the case. Kulbushan Jadhav was detained on March 3, 2016, when he reportedly entered Pakistan illegally.
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The Islamabad High Court (IHC) allowed on Tuesday extra time for the detained Indian spy, Kubhushan Jadhav, to appoint a legal counsel.

The three-judge IHC bench under Justice Athar Minallah heard the case filed by the law ministry for designating a lawyer for the captive Indian spy.

Other judges on the bench included Justice Aamer Farooq and Justice Miangul Aurangzeb.

Attorney-General Khalid Javed Khan and the court’s adviser, Advocate Hamid Khan, attended the proceedings as well.

On May 5, the court had decided to give more time to Jhadav for appointing a legal representative, the attorney-general reminded.

He told the court that India had been conveyed the decision, but, so far, there had been no response from New Delhi.

India, the attorney-general pointed out, wanted private consular access for Jadhav, but that could not be granted by any country in such a case.

He insisted that the authorities could not allow Jadhav to meet India’s representatives in private because they could cause him harm. “They can cause harm to him just by shaking hands with him.

Pakistan, he said, wanted to implement the International Court of Justice (ICJ) ruling, but India did not seem interested in it.

He said that only the court could appoint a legal representative on behalf of Kulbhushan Jadhav, who could file an appeal on his behalf. He said that the government could not appoint anyone on his behalf.

Justice Aamer Farooq responded by saying under which law should the court proceed to appoint a legal cousel? Justice Miangul Hassan Aurangzeb said that when India was not interested in filing an appeal on behalf of the prisoner, what could the court do?

Justice Athar Minallah said that the court “wants to fully implement the ICJ ruling and this is possible only by way of effective proceedings. “We need to p roceed in accordance with the Vienna Convention because his life depends on the outcome”, he said. He said that the court believed that India would not waste this opportunity and come forward.

He was of the view that if more time was allowed, India might send their representatives to tell the court about their reservations.

The judge asked the attorney-general to convey to India and the spy the court’s message.

“Remind Kulbhushan and the Indian government again. If India has any reservations, it may convey them here, or someone from the Indian embassy in Pakistan may convey them. That may resolve the situation,” the judge said.

On Saturday [October 9], the Islamabad High Court issued a written order stating that “effective review and reconsideration to Jadhav can only be ensured if India gives its meaningful assistance”.

The court remarked that it is Pakistan’s obligation to safeguard the right to life and the right to a fair trial to Jadhav. “A reasonable opportunity is offered to the Government of India to alleviate any apprehensions and extend its meaningful assistance without prejudice.”

The next proceedings in the case will be held on December 9, it added.

In April this year, Indian High Commission’s legal representative Barrister Shahnawaz Noon had excused himself from appearing in the case.

Appearing in a miscellaneous case, he had said that he was not been authorized to appear in the Jadhav case and he could file any remark on behalf of India.

On October 6, 2020, veteran lawyers Makhdoom Ali Khan and Abid Hassan Minto had declined to appear in the court as amicus curiae.

The Supreme Court had appointed both of them to assist the court, but both of them had filed separate reasons for turning down the position. Makhdoom Ali Khan had cited professional engagements while Abid Hassan Minto had said that his health did not allow him to appear in the case.

Kulbushan Jadhav was detained on March 3, 2016, when he reportedly entered Pakistan illegally.

 
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