ISLAMABAD: The Islamabad High Court (IHC) on Thursday asked Pakistan’s Ministry of Foreign Affairs (FO) to seek Indian response on the appointment of a lawyer in the Kulbhushan Jadhav case in order to implement the directives of the International Court of Justice (ICJ).
An IHC larger bench resumed hearing of the case related to Jadhav and four other Indian prisoners who were under detention even after completion of their respective sentences, reported Dawn. India had earlier blamed Pakistan for linking Jadhav with another prisoner case. Moreover, India has rejected Pakistan’s allegations and said he was kidnapped from the Iranian port of Chabahar. In early 2017, a Pakistani military court sentenced him to death. “Pakistan is trying to link the case of Kulbhuashan Jadhav with another prisoner’s case. In routine consular practice, Shahnawaz Noon was selected by our High Commission to appear in the case for release and repatriation of an Indian prisoner, Mohammad Ismail, who has completed his sentence but continues to be in jail in Pakistan,” Ministry of External Affairs (MEA) spokesperson Anurag Srivastava said in December 2020.
However, during the 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, and Noon is reported to have made those statements about our Charge d’Affaires (Cd’A) which are not true, and they are in contravention of our stand in this case,” he added. Srivastava said Noon did this under pressure and has misrepresented the position of the High Commission, adding that he was clearly told by the High Commission that he had no authority to represent either the Government of India or Kulbhushan Jadhav. Noon requested the court to dispose of the case related to the four prisoners since after their release, the petition has become infructuous, reported Dawn. Regarding the query of the IHC for the appointment of the lawyer for Jadhav, Noon replied that he was not authorised to make any statement in this matter.
He, however, argued that the Pakistani court lacks jurisdiction to review the Jadhav case, reported Dawn. Pakistan has failed to respond on the core issues concerning the case including the provision of all documents and an unimpeded unhindered and unconditional consular access of Kulbhushan Jadhav which would form the basis of an effective review and reconsideration as ordered by the International Court of Justice.
Indian Mission in Islamabad has written to Noon reiterating that he has no authority to represent Jadhav and has no basis to suggest that the Indian Charged ‘Affaires would appear in the court.
