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A prime Pakistani court has named three senior lawyers as amici curiae in the case of Kulbhushan Jadhav as it ordered the Pakistan authorities to offer “another chance” to India to nominate a counsel for the death-row prisoner.
Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to dying by a Pakistani army court on fees of espionage and terrorism in April 2017. India approached the International Court of Justice in opposition to Pakistan for denial of consular entry to Jadhav and difficult the dying sentence.
The Hague-based ICJ dominated in July 2019 that Pakistan should undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and likewise to grant consular entry to India with out additional delay.
A two-member bench of the Islamabad High Court (IHC) comprising Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb appointed the three lawyers on Monday as it held a listening to of the petition filed by the Pakistan authorities to nominate a lawyer for Jadhav.
Amicus Curiae is a lawyer appointed by a court to help in any matter or case.
The court additionally ordered a bigger bench to be arrange for the case. It additionally directed the registrar of the court to repair the proceedings at 2 pm on September three earlier than a bigger bench.
“We appoint Mr Abid Hassan Manto, Mr Hamid Khan, Senior Advocates of the Supreme Court and former presidents of the Supreme Court Bar Association, and Mr Makhdoom Ali Khan, Senior Advocate Supreme Court and former Attorney General of Pakistan, as amici curiae for our legal assistance in general and, in particular, to ensure that the judgement of the International Court is effectively implemented,” the court stated in its order.
The Pakistan authorities in its petition has claimed that Jadhav refused to file a overview petition or an software to rethink the decision in opposition to him by the army court.
“We feel that in order to ensure the effectiveness of the review and reconsideration of the conviction and sentence of Commander Jadhav, a reasonable opportunity ought to be extended to the latter and the Government of India to arrange legal representation and to file a petition.
“We, therefore, at this stage restrain ourselves from appointing a counsel on behalf of Commander Jadhav and advise the Government of Pakistan to extend an opportunity to Jadhav and the Government of India for arranging legal representation in terms of Article 32(1)(c) of the Convention and in accordance with the applicable laws,” the court order stated.
The court additionally requested the Pakistan authorities to speak the order to the Indian authorities Responding to the decide’s remarks, Pakistan’s Attorney General Khalid Javed Khan stated an ordinance was issued to offer a possibility to India and Jadhav to file a overview petition in opposition to the sentence.
“We will contact India again through the Foreign Office,” he stated.
He instructed the court that Jadhav was being taken care of and was in good well being. On July 16, Pakistan supplied consular entry to Jadhav, however the Indian authorities stated the entry was “neither meaningful nor credible” and he appeared visibly underneath stress.
In New Delhi, External affairs ministry spokesperson Anurag Srivastava final month stated Pakistan has as soon as once more uncovered its “farcical” method by denying obtainable authorized treatments to Jadhav in opposition to his dying sentence which can be in contravention of the ICJ verdict, and asserted that India will discover additional choices in the case.
Srivastava stated Pakistan has blocked all of the avenues for an efficient treatment obtainable to India in the case, whereas noting that New Delhi has up to now requested consular entry to Jadhav for 12 occasions over the previous one 12 months.
The MEA spokesperson stated Pakistan just isn’t solely in violation of the judgment of ICJ, but in addition of its personal ordinance.
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