A high Pakistani court docket has named three senior legal professionals as amici curiae within the case of Kulbhushan Jadhav because it ordered the Pakistan authorities to provide “another chance” to India to nominate a counsel for the death-row prisoner.
Kulbhushan Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to loss of life by a Pakistani navy court docket on expenses 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 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.
A two-member bench of the Islamabad High Court (IHC) comprising Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb appointed the three legal professionals 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 3 earlier than a bigger bench.
“We appoint Mr Abid Hassan Manto, Mr Hamid Khan, Senior Advocates of the Supreme Court and former presidents of the Supreme Court Bar Association, and Mr 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 mentioned in its order.
The Pakistan authorities in its petition has claimed that Jadhav refused to file a evaluation petition or an software to rethink the decision towards him by the navy court docket.
“We feel that in order to ensure the effectiveness of the review and reconsideration of the conviction and sentence of Commander Jadhav, a reasonable opportunity ought to be extended to the latter and the Government of India to arrange legal representation and to file a petition.
“We, due to this fact, 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 when it comes to Article 32(1)(c) of the Convention and in accordance with the relevant legal guidelines,” the court order said.
The court also asked the Pakistan government to communicate the order to the Indian government.
Responding to the judge”s remarks, Pakistan’s Attorney General Khalid Javed Khan said an ordinance was issued to give an opportunity to India and Jadhav to file a review petition against the sentence.
“We will contact India once more via the Foreign Office,” he said.
He told the court that Kulbhushan Jadhav was being taken care of and was in good health.
On July 16, Pakistan provided consular access to Jadhav, but the Indian government said the access was “neither significant nor credible” and he appeared visibly under stress.
In New Delhi, External affairs ministry spokesperson Anurag Srivastava last month said Pakistan has once again exposed its “farcical” method by denying accessible authorized cures to Jadhav towards his loss of life sentence which can be in contravention of the ICJ verdict, and asserted that India will discover additional choices within the case.
Mr Srivastava mentioned Pakistan has blocked all of the avenues for an efficient treatment accessible to India within the case, whereas noting that New Delhi has to this point requested consular entry to Jadhav for 12 occasions over the previous one yr.
The MEA spokesperson mentioned Pakistan isn’t solely in violation of the judgment of ICJ, but additionally of its personal ordinance.