ISLAMABAD: Pakistan on Friday refuted the Indian Ministry of External Affairs (MEA)'s assertions regarding legal proceedings of its arrested spy Commander Kulbhushan Jadhav by categorically rejecting the "incorrect and misleading" remarks, and stated that New Delhi is looking for an escape from the legal proceedings.
"Pakistan categorically rejects incorrect and misleading assertions made by the Indian Ministry of External Affairs (MEA) regarding the legal proceedings currently taking place in the case of Indian Naval Commander Kulbhushan Sudhir Jadhav," Foreign Office spokesperson Zahid Hafeez Chaudhry said in response to his Indian counterpart Anurag Srivastava's remarks during his weekly media briefing in New Delhi on Thursday with regard to Jadhav case.
He said that it is evident that by casting aspersions on the Indian High Commission's own legal counsel, the Indian government is looking for an escape from the legal proceedings in Commander Jadhav case. He reminded to the government of India that in pursuance of the judgment of the International Court of Justice (ICJ), Pakistan had invited the Indian High Commission to meet with Commander Jadhav and appoint a lawyer on his behalf so that proceedings to review and reconsider Commander Jadhav's conviction could commence.
However, during the course of diplomatic exchanges, the Indian High Commission refused to instruct a lawyer itself, as in their view this would amount to a waiver of India's sovereign immunity. Resultantly, the government of Pakistan was constrained to initiate proceedings for appointment of a state counsel for Commander Jadhav, the spokesperson added.
During the course of the proceedings, to show the discrepancy in the Indian position, the Attorney-General for Pakistan cited the case of Muhammad Ismail, an Indian national currently in custody in Pakistan, where the Indian High Commission had instructed Shahnawaz Noon, as its lawyer, he pointed out. "Contrary to the false statement by the MEA, no attempt was made to link the cases of Commander Jadhav with another Indian prisoner Ismail," he said, adding that the two cases are and remain entirely distinct. Reference to the case of Ismail was only for purpose of showing the discrepancy and inconsistency in the Indian position, he asserted.
"It is reiterated that in line with the judgment of the ICJ, Pakistan has already provided consular access to the Indian High Commission twice and has taken all necessary steps for effective review and reconsideration in the case. The offer of a third consular access is still there," he said. He added that the Indian side is once again urged to desist from the use of its usual diversionary and dilatory tactics and instead take practical steps so that legal proceedings could be duly concluded and full effect could be given to the judgment of ICJ.
However, the Indian MEA spokesperson Srivastava has claimed that, "Pakistan is trying to link the case of Kulbhushan Jadhav with another prisoner's case." He said that Noon was selected by the Indian High Commission to appear in the case for release and repatriation of Indian prisoner, Mohammad Ismail, who has completed his sentence but continues to be in jail in Pakistan.
"However, during proceedings of the case regarding Ismail, Pakistan Attorney General raised the matter pertaining to Jadhav, though the two cases are not connected in any way. Noon is reported to have made those statements which are not true and are in contravention of our stand in the case. He appears to have acted under pressure from the Pakistani establishment to make such statements for which he has no authorization," Srivastava added.
Copyright Business Recorder, 2020