Jadhav issue: IHC for another consular access offer to India

ISLAMABAD : The Islamabad High Court (IHC) on Monday observed that Pakistan should once again offer India a chance to appoint legal counsel for arrested spy of India’s RAW, Kulbhushan Jadhav. A two-member bench of the IHC headed by Chief Justice Athar Minallah heard the petition to appoint a lawyer for Jadhav, who is a serving commander of Indian Navy associated with Indian spy agency Research and Analysis Wing (RAW). “Now that the matter is in the high court, why not give India another chance,” Justice Minallah remarked during the hearing on the implementation of the International Court of Justice’s (ICJ) decision regarding the spy. The judge observed that the Indian government or Jadhav may reconsider their decision pertaining to the review petition. India should once again be extended an offer to appoint a legal representative for the spy, he added. Responding to Justice Minallah’s remarks, the Attorney General of Pakistan said India is running away from the verdict issued by the ICJ. “An ordinance was issued to give an opportunity to [India and Jadhav to] file a review petition against the sentence,” the AGP said. “We will contact India again through the Foreign Office.” The government had on July 22 approached the IHC to appoint a legal representative for the Indian spy. The move was made in the light of the International Court of Justice’s July 17, 2019 decision, following which the International Court of Justice (Review and Reconsideration) Ordinance, 2020 was enacted to implement the court’s verdict. The federation, through the defense secretary and the Judge Advocate General (JAG) branch of General Headquarters (GHQ), had been made a party in the petition filed by the Ministry of Law and Justice. According to the petition, Jadhav refused to file a petition against his sentence. The Indian spy cannot appoint a lawyer in Pakistan without India’s assistance, while New Delhi is also reluctant to avail the facility under the ordinance, the petition said. The government, in the petition, has asked the court to appoint a legal representative for Jadhav so that Pakistan can fulfil its responsibility to see to the implementation of the ICJ’s decision. The hearing was later adjourned till September 3.