• India
  • Aug 05

Islamabad High Court allows a Pakistan lawyer for Kulbhushan Jadhav

Kulbhushan Jadhav may finally get a legal help when the Islamabad High Court August 3 asked Pak officials to allow him to be represented for legal matters. Earlier the Pakistan government, has approached the court to appoint a legal representative for Jadhav so that Pakistan can fulfil its responsibility to see to the implementation of the ICJ’s decision. This is done on the backdrop of International Court of Justice’s July 17, 2019 decision which directed Pakistan to allow consular access to Jadhav, and to effectively review the death sentence.

When arrested, Pakistani security forces reported Jadhav as a serving officer in the Indian Navy and stated that he was commissioned to the Research and Analysis Wing (RAW), India's external intelligence agency. They believed him to be involved in subversive activities in Balochistan and Karachi. 

The Indian government recognised Jadhav as a former naval officer but denied any current links with him and maintained that he took premature retirement and was abducted by Mullah Omar Irani of Jaish ul-Adl from Sarbaz City, Iran who later handed over Jadhav to the Pakistani Army.

Timelines here are

    • 3rd March 2016: Kulbhushan Jadhav was arrested from Pakistani province of Balochistan on charges of terrorism and spying for India's intelligence agency, the Research and Analysis Wing.

    • 25th March 2016: Indian High Commissioner in Islamabad has been apprised of his arrest.

    • 10th April 2017: Jadhav was sentenced to death by a Field General Court Martial in Pakistan.

    • 18th May 2017: International Court of Justice stayed the execution pending the final judgement on the case.

    • 17th July 2019: ICJ rejected India's appeal for Jadhav's release and ordered Pakistan to suspend the execution. It ruled that Pakistan will have to review the entire process of trial and conviction of Kulbhushan Jadhav and provide India with consular access.

    • 3rd Aug 2020: Pakistan High Court asked the government to allow representation for Jadhav.

India earlier did try to arrange for lawyer but Pakistan denied unimpeded and unhindered consular access. The latest court order revives the chances of the lawyer being given access to the documents. The Indian side believes that unless a lawyer is given all the documents — power of attorney from Jadhav and all the relevant FIRs, chargesheets, military court’s judgment, etc — there can be no headway.

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