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India gets another chance to appoint Jadhav’s lawyer

ISLAMABAD: The Islamabad High Court (IHC) has asked the Indian High Commission to appoint a representative in the Kulbhushan Jadhav case after the attorney general informed the bench that New Delhi has refused to represent Jadhav in the Pakistani courts.

IHC Chief Justice Athar Minallah sought a reply from the high commission in the case while adjourning the hearing till June 15.

A three-member bench headed by IHC’s Chief Justice Athar Minallah heard the case.

During the proceedings, the Attorney General of Pakistan (AGP), Khalid Javed Khan told the court that India has rejected the suggestion of appointment of a lawyer for Kulbushan Jadhav in Pakistan.

On this CJ Minallah remarked, “The lawyer of the Indian High Commission had filed a consolidated appeal. In the purview of the application, it looks like India has a clear misunderstanding of the proceedings of this court.”

“Is India not ready to implement the verdict of the International Court of Justice (ICJ)?, Prima facie, it looks like this.”

On this AGP Khalid Javed Khan said, “India believes that if it’s represented in Pakistani courts, it will be against its autonomy. India had contacted the same court in the matter of four other prisoners. In the case of Kulbhushan, India raises the matter of autonomy whereas in other cases it approaches the same court.”

CJ Minallah remarked, “India should appoint a representative and tell the court what it wants. There is no question of their autonomy. India should cooperate this much that in the case of Jadhav otherwise how will the ICJ verdict be implemented?

“All orders of this court have been relayed to Jadhav timely”, said AGP Khalid Javed. “Kulbhushan Jadhav is insisting on his stance that he does not want to go to the court. In order to comply completely with the ICJ verdict, we issued an ordinance.”

The honorable court then called Amicus Advocate Hamid Khan to the rostrum and he said, “There was no need for the government of Pakistan to approach the courts in the matter of Kulbhushan to appoint a lawyer. The verdict of military courts could have been challenged.”

CJ Minallah, “We applaud the government that it gave advantage to the Indian government and an Indian national.”

“Javed Khan disagreed with Hamid Khan and said, “Had the government not come to this court, then this case would currently have been heard at Hague on the matter of contempt of the court. The government does not have any sympathy with the killer of thousands of Pakistanis.”

“India is awaiting for the proceedings of this court to end and then it can contact the ICJ.”

“India wanted another proceeding at the ICJ on the matter of Jadhav on January 1. Given the case is pending in this court, therefore India was not able to get a proceeding in this case at the ICJ. If India does not respond then this court should appoint a Pakistani lawyer for Jadhav,” he further added.

“Our only interest is that this involves human life. India should come to this court and inform how the verdict of ICJ could be implemented,” said CJ Athar Minallah.

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