Pakistan HC Asks Imran Govt To Clear India's 'Misunderstanding' About Kulbhushan Jadhav Case

The Islamabad High Court in Pakistan directed the Foreign Office to clarify the position to India regarding the jurisdiction to implement the decision of the international court in Kulbhushan Jadhav case.

Indian Navy officer Kulbhushan Jadhav has been in Pakistan’s custody since April 2017 and was sentenced to death on charges of espionage and subversive activities.

The Islamabad High Court (IHC) on Thursday asked the Ministry of Foreign Affairs to seek response from India on the appointment of a lawyer in the Kulbhushan Jadhav case Pakistan daily Dawn reported. The court also asked Foreign Office to clear India's "misunderstanding" about the court's jurisdiction to hear the Kulbhushan Jadhav case to implement the verdict of the International Court of Justice.

The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an "effective review and reconsideration" of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.

The ICJ, in its 2019 verdict, had asked Pakistan to provide a proper forum for appeal against the sentence given to Jadhav by a military court.

The Express Tribune reported that the Indian High Commission, through a lawyer, had challenged the IHC jurisdiction to appoint a defence counsel in the case and the court tried to clarify the objection.

 “It seems that the Indian government has a misunderstanding about this court's proceedings,” IHC Chief Justice Athar Minallah observed.

“This matter involves the jurisdiction of not only this court, but that of the implementation of the verdict of the International Court of Justice (ICJ),” he said and directed the Foreign Office to contact the Indian government to clear the air.  Justice Minallah also said that the matter was not about jurisdiction but this court had taken up the Jadhav case for the implementation of the ICJ verdict.

 “If India does not wish the implementation of the ICJ judgment, it should inform us,” he said.      “India is no doubt an autonomous state and we respect its autonomy. We are not overstepping our jurisdiction and only seek the implementation of the ICJ verdict,” he said, according to a report by Dawn.

The Pakistani government issued a special ordinance last year and filed the case in the Islamabad High Court (IHC) which has repeatedly asked India to appoint a lawyer to represent Jadhav.

Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India approached the International Court of Justice against Pakistan for denial of consular access to Jadhav and challenging the death sentence.

(with PTI inputs)