ISLAMABAD : The Islamabad High Court (IHC) on Thursday gave another chance to India to engage defence counsel for spy Kulbhushan Jadhav. A larger bench of the high court comprising Chief Justice Athar Minallah, Justice Amir Farooq, and Justice Mian Gull Hassan Aurangzeb heard the case. “The Government of Pakistan shall once again convey the orders passed in this petition to the Government of India to enable the latter to consider taking appropriate measures in order to ensure compliance with the judgement of the International Court,” the bench said in its verdict issued after the hearing. Attorney General Khalid Javed Khan stated before the court that the Government of Pakistan offered Delhi third consular access to the RAW agent to ensure implementation of the International Court of Justice (ICJ) judgement in letter and spirit but received no response. India still has the option to accept or reject the offer, he added. He submitted that the federal government wants Indian High Commission in Islamabad to appoint legal representative for Jadhav but Delhi doesn’t want to benefit from legal assistance extended to the spy. He informed that Jadhav has also not changed his decision of not engaging any defence counsel. IHC, while ordering the government to send its order to India regarding Jadhav, adjourned the hearing till October 3. It is to be noted that on July 17, 2019, the ICJ had rejected remedies sought by India, including annulment of military court decision convicting Kulbhushan Jadhav, his release and safe passage to India.
Announcing the verdict Judge Abdulqavi Ahmed Yousaf told Pakistan to review the death sentence for an alleged Indian spy, saying Islamabad violated his rights to consular visits. The court, in its verdict, rejected a number of Indian demands including annulment of military court decision convicting Jadhav, his release and safe passage to India. The ICJ found that Pakistan deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached obligations incumbent upon it under Vienna Convention on Consular Relations.