India says courts in Pakistan ‘do not have jurisdiction’ to hear Jadhav’s case

ISLAMABAD: India, on Thursday, conveyed to the Islamabad High Court (IHC) that courts in Pakistan do not have jurisdiction to hear case of Kulbhushan Jadhav, an Indian spy and agent of Research and Analysis Wing (RAW).

A special larger bench of the IHC, headed by Chief Justice Athar Minallah, and comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the federal government’s plea for the appointment of a legal representative for Indian spy Kulbhushan Jadhav to file a review petition against his death sentence.

Barrister Malik Shahnawaz Noon filed an application on behalf of the Indian High Commission to dispose of petition 3832/2019 seeking repatriation of four Indian citizens who had completed their sentences.

It states; “The counsel [Barrister Shahnawaz Noon] is not authorized to appear in the Jadhav case for any party, least of all the Republic of India and he has no power of attorney which would allow him to make any statements on behalf of either Jadhav or India.”

The application further states; “the counsel has been told that it is the position of the Republic of India that the municipal courts of the Islamic Republic of Pakistan do not have any jurisdiction over it and it has not waived its immunity in the present case. India has asserted and seeks to assert its Rights under the Vienna Convention and the Judgment of the ICJ, which are the right to arrange for legal representation for the Indian national so as to enable an effective defense by him. The question of the Republic of India appearing in the municipal courts does not arise,” added the Indian High Commission.

The court directed the federation to submit a written reply on Indian High Commission's application and deferred the hearing till May 5th.

In this matter, the federal government filed a petition regarding the death sentence of convicted Indian spy, Kulbhushan Jadhav, to implement the International Court of Justice’s (ICJ’s) decision to meet the requirements of a fair trial.

The Ministry of Law and Justice requested the court for appointment of a legal representative for Kulbhushan Jadhav so that he can file a review petition against his death sentence.

The government took the decision as the Indian spy has refused to file a review appeal against his death sentence.

The Indian government has also refused to take advantage of Pakistan’s review appeal facility.

The petition stated that the IHC should appoint a counsel to review and reconsider the verdict of the military court in accordance with the decision of the ICJ.

The ministry of law cited Judge Advocate General (JAG) branch of General Headquarters (GHQ) and the Ministry of Defense as respondents.

It further stated that Jadhav had refused to file a review petition or an application to reconsider the verdict.

It added that he did not have independent sources to hire counsel to represent him.

The petition said that Kulbhushan, who was involved in several terrorist activities in Pakistan, refused to file a plea against his sentence.

The agent could not appoint lawyer in Pakistan without assistance from India.

Commander Jadhav, who was arrested in March 2016 in a counter-intelligence operation from Balochistan, was sentenced to death by a military court a year later. His mercy petition has been pending before the army chief.

Copyright Business Recorder, 2021