Kulbhushan Jadhav case: Islamabad High Court directs the Pakistan government to give another chance to India to appoint a lawyer

The Islamabad High Court vide its order dated August 03, 2020, directed the Pakistan government to give another chance to India to appoint a lawyer for death-row convict Kulbhushan Jadhav. The said petition was filed by the Pakistan government praying the Islamabad High Court to appoint a legal representative for Kulbhushan Jadhav so that the Pakistan government could fulfill its obligation in terms of the implementation of the International Court of Justice’s decision. In the said petition, the Pakistan government also claimed that convict Kulbhushan Jadhav refused to file a review petition or an application against the verdict delivered against him by the Pakistani military court, whereby it had awarded him death sentence on the charges of espionage and terrorism.

Who is Kulbhushan Jadhav?

Kulbhushan Jadhav is a 50 year old Indian national who is also a retired Indian Navy officer. He was arrested in the Pakistani province of Balochistan, on the charges of espionage and terrorism. He was alleged to be spying for India's intelligence agency.

In April, 2017, Jadhav was sentenced to death by a military court of Pakistan, on the charges of espionage and terrorism. 

Role of International Court of Justice (ICJ)

India approached the International Court of Justice against Pakistan, alleging denial of consular access to Kulbhushan Jadhav and for challenging the death sentence ordered by the military court of Pakistan.

In July, 2019, the International Court of Justice (ICJ) ruled that Pakistan must undertake an "effective review and reconsideration" of the conviction and sentence of Kulbhushan Jadhav and shall also grant consular access to India, without any further delay.

Order of the Islamabad High Court

The High Court of Islamabad after hearing the submissions and claims made by the Pakistan government observed that India and Kulbhushan Jadhav might rethink on their decision pertaining to filing the review petition against the decision of the Pakistani military court.

The bench comprising Islamabad High Court Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb, further ruled that the Indian government shall be given another chance to appoint a lawyer for Kulbhushan Jadhav, in the light of the decision of the International Court of Justice, dated 21.07.2019. 

India’s accusations

India has accused Pakistan of denying available legal remedies to Kulbhushan Jadhav, against his death sentence, and have stated that the Pakistan government has acted in contravention of the International Court of Justice’s verdict, and have asserted that India will explore further options in the case.

India also alleged that Pakistan has blocked all the avenues for making an effective remedy available to India in the Kulbhushan Jadhav case and asserted that New Delhi has so far requested consular access to Jadhav for 12 times over the past one year.

India has said that since 2017, when the Pakistani military court awarded death sentence to Kulbhushan Jadhav, Pakistan has allowed consular access to Kulbhushan Jadhav only twice. In both of those meetings, Pakistan has not allowed any free conversation between the Kulbhushan Jadhav and his Indian lawyer, as both the consular access provided by Pakistan, were heavily monitored and recorded.