Pakistan-based Islamabad High Court on Thursday ordered the Foreign Office to clarify India’s position regarding jurisdiction to implement the International Court’s verdict in the Kulbhushan Jadhav case. Jadhav, 50, a retired Indian naval officer, was sentenced to death in April 2017 by a Pakistani military court convicted of espionage and terrorism. After that, India took the international court and challenged Pakistan’s denial of diplomatic access and the death penalty.
The Hague-based international court ruled in July 2019 that Pakistan must effectively reconsider and reconsider Jadhav’s ruling and sentencing, as well as give India diplomatic access without delay. The international court said in its ruling that Pakistan should provide Jadhav with the appropriate forum to appeal the military tribunal’s ruling.
The Pakistani government issued a special order last year and filed a petition in the High Court in Islamabad repeatedly asking India to appoint a lawyer for Jadhav. A grand bench of Judge Athar Minallah, Judge Aamir Farooq and Judge Miyangul Hasan Aurangzeb is hearing the case before the High Court in Islamabad.
According to information from The Express Tribune newspaper, the Indian High Commission, through a lawyer, challenged the jurisdiction of the High Court in Islamabad to appoint a defense lawyer in the case and the court tried to clarify the objection. During the hearing, Judge Minallah asked lawyer Shahnawaz Noon, an attorney for the High Commission of India, whether or not he had informed New Delhi about the Jadhav case. To this, counsel replied that the Government of India was of the view that the matter did not fall within the jurisdiction of the High Court in Islamabad.
The Chief Justice of the High Court of Islamabad, Athar Minallah, commented that, it seems that the Indian government has doubts about the hearing of this tribunal. The court said that this case was not only related to the jurisdiction of this court but also to the implementation of the decision of the international court. The judge also asked the Foreign Ministry to contact the Indian government to clarify the situation.