Mr. Jadhav was sentenced to death by a Pakistani military court on charges of espionage and terrorism A high court here on Thursday asked India to appoint a lawyer for death-row prisoner Kulbhushan Jadhav by April 13 to argue his case for a review of his conviction and sentencing by a Pakistani military court. The Islamabad High Court (IHC) on Thursday granted one more opportunity to India for the appointment of a lawyer to represent its spy Kulbhushan Jadhav, who was arrested in Pakistan six years ago.
- Approach to ICJ: Jadhav, a retired Indian Naval officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017 was arrested in Balochistan on charges of espionage. India approached the International Court of Justice (ICJ) against Pakistan for denial of consular access to Jadhav and challenging the death sentence. After hearing both sides, the Hague-based ICJ issued a verdict in July, 2019, asking Pakistan to give India consular access to Jadhav and also ensure review of his conviction.
- Three member bench has given last opportunity for India to respond: The Islamabad High Court formed a three-member larger bench comprising Chief Justice Athar Minallah, Justice Amir Farooq and Justice Miangul Hassan Aurangzeb in August 2020 which has repeatedly asked India to nominate a lawyer from Pakistan for Jadhav but New Delhi so far refused by insisting that it should be given a chance to appoint an Indian lawyer as reported in newspapers. Presently, after hearing arguments by Attorney General of Pakistan (AGP) Khalid Javed Khan, the High court on Thursday asked India to appoint a lawyer for Jadhav by April 13. The newspaper reports states about the submission of AGP Khan told the court that India was consciously delaying the case so that it could get a chance to knock at the doors of the ICJ with the complaint that Pakistan was in violation of its judgement to provide an opportunity of review to Jadhav.
- Law amended to with right to file review petition: Previously, top court in Pakistan on October 5 allowed India more time to appoint a lawyer to represent death-row prisoner Kulbhushan Jadhav in the court to hear a review of his conviction and sentencing by a military court. In November 2021, Pakistan’s Parliament enacted a law to give Jadhav the right to file a review appeal against his conviction by the military court. The International Court of Justice (Review and Re-consideration) Act of 2021 of Pakistan allowed Jadhav to challenge his conviction in the high court through a review process which was a requirement of the ICJ verdict.
- India’s stand: India has repeatedly called upon Pakistan to abide by the letter and spirit of the ICJ judgement.
