cricketjoshila
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Read again.
As i said, his life is not the point here. Exposing the lies of pakistan are.
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Contact the PP Team
Pakistan provides second consular access to Indian spy Kulbhushan Jadhav [Update Post #284]
- Thread starter Obaidd
- Start date
Read again.
As i said, his life is not the point here. Exposing the lies of pakistan are.
KingKhanWC
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lol Nobody cares outside of India. Exposing to who?
What has been exposed is an Indian spy caught in Pakistan, admits planning bombings and will die in Pakistan.
Do you still think he is not a spy and he is an innocent man?
cricketjoshila
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Who are you to decide if anyone outside India cares or not?
You belong to a miniscule minority in one country.
Those admissions under duress mean zilch.
So he is a spy. Not a terrorist?
KingKhanWC
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I read the global news media. In the UK it's not even news.
A spy can also be a terrorist. lol
Are you actually saying he is just an innocent man? Answer the question, no need to dodge this isnt the ICJ court.
tahir_dj
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You should be happy with that
Because thats all he will get.
And you think when one of yours will be meeting him we will leave them by themselves?
cricketjoshila
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Read the rules of consular access. Pakistan will have to abide by them.
cricketjoshila
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Its on the BBC,NYT,Washington Post,Gulf news etc etc. Global news media is not limited to what you think it is.
A spy is a spy.Their job is espionage. A terrorist is not a spy.
So based on your logic and what you presumably believe (which I am speaking here just for argument's sake), is ISI not a terrorist organized because its just doing its job?
Abdullah719
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Pakistan will grant consular access to Indian spy Jadhav: FO
The Foreign Office (FO) on Thursday announced that Pakistan will grant consular access to Indian spy Kulbushan Jadhav.
"As a responsible state, Pakistan will grant consular access to Commander Kulbushan Jadhav according to Pakistani laws, for which modalities are being worked out," a press release issued by the FO read.
According to the statement, the decision was made in pursuant to the verdict of the International Court of Justice (ICJ).
"Commander Kulbushan Jadhav has been informed of his rights under Article 36, paragraph 1(b) of the Vienna Convention on Consular Relations," the FO added.
In its verdict, the ICJ had ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.
The ICJ, however, had rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav's release and ordering his return to India.
https://www.dawn.com/news/1494818/pakistan-will-grant-consular-access-to-indian-spy-jadhav-fo
The Foreign Office (FO) on Thursday announced that Pakistan will grant consular access to Indian spy Kulbushan Jadhav.
"As a responsible state, Pakistan will grant consular access to Commander Kulbushan Jadhav according to Pakistani laws, for which modalities are being worked out," a press release issued by the FO read.
According to the statement, the decision was made in pursuant to the verdict of the International Court of Justice (ICJ).
"Commander Kulbushan Jadhav has been informed of his rights under Article 36, paragraph 1(b) of the Vienna Convention on Consular Relations," the FO added.
In its verdict, the ICJ had ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.
The ICJ, however, had rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav's release and ordering his return to India.
https://www.dawn.com/news/1494818/pakistan-will-grant-consular-access-to-indian-spy-jadhav-fo
cricketjoshila
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It wouldnot be if it was not associated with JuD,LeT,Taliban,OBL,JeM etc.
cricketjoshila
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LOL.Pakistan is restricted from executing the sentence.
blackanhyellow
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Consular access doesn't mean much, as there isn't anything that India can do for him at this point. He will remain in Pakistan, will get his trial reviewed with the end result being the exact same verdict.
The only thing is, it will give India a chance to do a topic drama and spread more propaganda saying he was tortured, he confirms he is a businessman and was kidnapped in iran.
Yes because Iran is like Nepal or Bangladesh how Indian agents go in and out as they please.... Pakistani agents go in and out of iran as they please because it's just iran. Not like they are fierce about protecting their borders and forget Pakistan they don't even less Americans mess around.
Obviously he wasn't kidnapped from iran....
So what was kulbushan doing in balochistan? Was he there for the scenery? Or he heard they have awesome kebabs and thought he would check it out?
The only thing is, it will give India a chance to do a topic drama and spread more propaganda saying he was tortured, he confirms he is a businessman and was kidnapped in iran.
Yes because Iran is like Nepal or Bangladesh how Indian agents go in and out as they please.... Pakistani agents go in and out of iran as they please because it's just iran. Not like they are fierce about protecting their borders and forget Pakistan they don't even less Americans mess around.
Obviously he wasn't kidnapped from iran....
So what was kulbushan doing in balochistan? Was he there for the scenery? Or he heard they have awesome kebabs and thought he would check it out?
blackanhyellow
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Pakistan was not restricted from executing the sentence. Pakistan was asked to review the conviction as they see fit. Pakistan will review and convict him again because he is guilty.
A stay is not restriction. A stay means he just cant be executed until the review of the conviction.
blackanhyellow
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RAW is proven to have aided Tamil tigers. I guess RAW are terrorists too.
They also fund BLA among others in Pakistan.
Associated in what way? It's only based on allegations.
RAW is also associated to several Baloch terrorist groups, TTP, LTTE, etc the same way you claim ISI is associated to the groups you list.
cricketjoshila
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Stay means that pakistan is restricted from carrying on the sentence.
cricketjoshila
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Your own ex president said pakistan supports terrorism in India.
cricketjoshila
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India was first to ban LTTE. Long before Lankans banned it.
BLA leaders in Europe.
blackanhyellow
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Restricted implies permanence, when this is not a permanent restriction.
It's a stay until conviction is reviewed as per Pakistans own laws in Pakistani courts.
KingKhanWC
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I was referring to main news. Across the web you will find stories of men racing frogs too.
A spy who facilitates terrorism is also a terrorist.
Interesting you are finding it difficult to admit he is spy(easy for you). Why is this?
blackanhyellow
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Doesn't matter, RAw still supported the tigers while they committed heinous war crimes.
BLA has finally been designated terrorists by the U.S. are they just now turning into terrorists? They have been terrorists this whole time....
No he didn't. By your own logic, he just said "they were doing their job in India".
cricketjoshila
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LTTE was a free organisation in Lanka. Not designated a terrorist anywhere. It was India that first designated Ltte as terrorist.
No BLA leader is in India. They are in europe.
cricketjoshila
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Yes he did.
Lonewarrior
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kiya pee kar aya hai bhai ?
Chinese consulate attack ‘mastermind’ being treated at New Delhi hospital
https://www.thehindu.com/news/international/explained-the-baloch-liberation-army/article28273960.ece
https://tribune.com.pk/story/1853189/1-chinese-consulate-attack-mastermind-treated-new-delhi-hospital/
http://english.alarabiya.net/en/News/world/2018/11/25/Man-behind-Chinese-consulate-attack-might-be-receiving-treatment-in-New-Delhi.html
Better then how India lynches it's Muslims every day under false accusations. Nothing wrong with asking to remove bangles at all. I am sure we will reconsider the removal of the "sindoor" if they want to visit again.
daytrader
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Read that again. That sentence is a list of things that didn't go India's way
blackanhyellow
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Is that a joke?
LTTE were a non state actor regardless of what title they had. India armed them and gave them training. India only declared them terrorists when they went rogue and stopped listening to India. But they were carrying out acts of terrorism before then.
BLA leaders visit India. Your intelligence agencies also meet them in your embassy in Afghanistan.
Do you seriously believe that RAW doesn't get its hands dirty?
India supported non state actors long before Pakistan did. Indian support for non state actors in east pakistan for example.
So did Afghanistan in the form of Pashtun separatists way back in the 60s, well before Soviet invasion and subsequent alleged pakistani backing of taliban.
Whatever Pakistan allegedly did supporting non state actors in the 2 neighboring countries was in retaliation.
the Great Khan
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yeah..Saif Ali khan is coming to get him with Salman khans Help..theyll be taking on the whole Pakistan army, with their secret ninja weapon Sunny Deol..
cricketjoshila
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LTTE were not a terrorist organisation even for the lankan govt. India was the first country to declare them a terror organisation. Lankans declared them a terror organisation long after.
BLA leaders live in Europe or Afghanistan, not India.
Before talking about 1971, you must read about OP GrandSlam. I am not even going to talk about 1948, when pakistan forcibly tried to take Kashmir.
BLA is an Indian proxy, they get funded and supported through the Indian consulates in Kandahar, Afghanistan.
Also a lot of BLA militants have gotten medical help in India, even Indian newspapers have admitted to this.
Abdullah719
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Pakistan formally offers India consular access to spy Kulbhushan Jadhav
Pakistan has formally approached the Indian government with an offer to grant consular access to Kulbhushan Jadhav, the Indian spy sentenced by Pakistan on charges of espionage and terrorism, the Foreign Office said on Thursday.
Speaking at his weekly press briefing, FO spokesperson Dr Mohammad Faisal said work was being done on granting consular access to Jadhav and that measures in this regard were being taken in accordance with last month's decision of the International Court of Justice (ICJ).
He said India was informed that Jadhav could be granted consular access on August 2 (tomorrow).
Speaking in New Delhi, Indian foreign ministry spokesman Raveesh Kumar confirmed that they had received a proposal from Pakistan.
"We have received a proposal from Pakistan. We are evaluating the proposal in the light of [the] ICJ judgement," The Economic Times quoted him as saying.
Kumair said India will "maintain communication with Pakistan in this matter through diplomatic channels".
The Hague-based ICJ on July 17 had rejected India’s request for acquittal, release and return of Commander Jadhav. However, the world court asked Pakistan to provide consular access to him under the Vienna Convention.
Following the verdict, the FO had announced that as a responsible state Pakistan would grant consular access to Jadhav according to the country’s laws, for which modalities were being worked out.
It said that pursuant to the ICJ judgement, Jadhav had been informed of his rights under Article 36, Paragraph 1(b) of the Vienna Conven*tion on Consular Relations.
In its verdict that followed proceedings lasting about two years, the UN’s top court did not accept India’s contention that Jadhav was entitled to ‘restitutio in integrum’ (restoration to original position) and turned down its request to annul the decision of a military court.
Instead, it ruled that Pakistan by means of its own choosing could undergo an effective review and reconsideration of the sentence awarded to Jadhav.
Jadhav was arrested on March 3, 2016, in a counter-intelligence operation in Balochistan. A military court awarded him death sentence on April 10, 2017, following his confession that he had mounted operations for India’s Research and Analysis Wing to conduct terrorist activities on Pakistani soil.
https://www.dawn.com/news/1497474/p...ndia-consular-access-to-spy-kulbhushan-jadhav
Pakistan has formally approached the Indian government with an offer to grant consular access to Kulbhushan Jadhav, the Indian spy sentenced by Pakistan on charges of espionage and terrorism, the Foreign Office said on Thursday.
Speaking at his weekly press briefing, FO spokesperson Dr Mohammad Faisal said work was being done on granting consular access to Jadhav and that measures in this regard were being taken in accordance with last month's decision of the International Court of Justice (ICJ).
He said India was informed that Jadhav could be granted consular access on August 2 (tomorrow).
Speaking in New Delhi, Indian foreign ministry spokesman Raveesh Kumar confirmed that they had received a proposal from Pakistan.
"We have received a proposal from Pakistan. We are evaluating the proposal in the light of [the] ICJ judgement," The Economic Times quoted him as saying.
Kumair said India will "maintain communication with Pakistan in this matter through diplomatic channels".
The Hague-based ICJ on July 17 had rejected India’s request for acquittal, release and return of Commander Jadhav. However, the world court asked Pakistan to provide consular access to him under the Vienna Convention.
Following the verdict, the FO had announced that as a responsible state Pakistan would grant consular access to Jadhav according to the country’s laws, for which modalities were being worked out.
It said that pursuant to the ICJ judgement, Jadhav had been informed of his rights under Article 36, Paragraph 1(b) of the Vienna Conven*tion on Consular Relations.
In its verdict that followed proceedings lasting about two years, the UN’s top court did not accept India’s contention that Jadhav was entitled to ‘restitutio in integrum’ (restoration to original position) and turned down its request to annul the decision of a military court.
Instead, it ruled that Pakistan by means of its own choosing could undergo an effective review and reconsideration of the sentence awarded to Jadhav.
Jadhav was arrested on March 3, 2016, in a counter-intelligence operation in Balochistan. A military court awarded him death sentence on April 10, 2017, following his confession that he had mounted operations for India’s Research and Analysis Wing to conduct terrorist activities on Pakistani soil.
https://www.dawn.com/news/1497474/p...ndia-consular-access-to-spy-kulbhushan-jadhav
Abdullah719
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India rejects Pakistan's offer of consular access to spy Kulbhushan Jadhav
NEW DELHI: India on Friday turned down Pakistan’s offer for consular access to spy Kulbhushan Jadhav and asked for 'unimpeded' access to him.
Pakistan had made an official offer to grant consular access to Indian spy Kulbhushan Jadhav. “As a responsible state, Pakistan will grant consular access to Commander Kulbhushan Jadhav according to Pakistani laws for which modalities are being worked out,” Dr Faisal had said in a statement late on Thursday.
The move came after the International Court of Justice (ICJ) on July 17 had allowed India consular access to Jadhav and called Pakistan, by the means of its own choosing, to effectively review and reconsider the conviction and sentence.
Earlier, Raveesh Kumar, a spokesperson for the Indian Ministry of External Affairs had said, “We have received a proposal from Pakistan. We are evaluating the proposal in the light of the ICJ judgement. We will maintain communication with Pakistan in this matter through diplomatic channels.
“We cannot discuss the modalities. We will assess and evaluate the conditions laid down, keeping in mind the ICJ ruling, and then respond accordingly. Whatever response is to be sent, will be given by us timely through diplomatic channels.”
The ICJ in its ruling found that India’s submission pertaining to the acquittal and release of Jadhav could not be upheld.
According to the ICJ, the conviction and sentence of Jadhav were not to be regarded as a violation of Article 36 of the Vienna Convention.
"As regards India’s claim based on the Vienna Convention, the Court considers that it is not the conviction and sentence of Mr Jadhav which are to be regarded as a violation of the provisions of the Vienna Convention," read the verdict.
Commander Jadhav — an Indian Navy officer working for Indian covert agency Research and Analysis Wing (RAW) — was arrested on March 3, 2016, from Balochistan after he entered into Pakistan from Iran.
https://www.geo.tv/latest/244212-in...r-of-consular-access-to-spy-kulbhushan-jadhav
NEW DELHI: India on Friday turned down Pakistan’s offer for consular access to spy Kulbhushan Jadhav and asked for 'unimpeded' access to him.
Pakistan had made an official offer to grant consular access to Indian spy Kulbhushan Jadhav. “As a responsible state, Pakistan will grant consular access to Commander Kulbhushan Jadhav according to Pakistani laws for which modalities are being worked out,” Dr Faisal had said in a statement late on Thursday.
The move came after the International Court of Justice (ICJ) on July 17 had allowed India consular access to Jadhav and called Pakistan, by the means of its own choosing, to effectively review and reconsider the conviction and sentence.
Earlier, Raveesh Kumar, a spokesperson for the Indian Ministry of External Affairs had said, “We have received a proposal from Pakistan. We are evaluating the proposal in the light of the ICJ judgement. We will maintain communication with Pakistan in this matter through diplomatic channels.
“We cannot discuss the modalities. We will assess and evaluate the conditions laid down, keeping in mind the ICJ ruling, and then respond accordingly. Whatever response is to be sent, will be given by us timely through diplomatic channels.”
The ICJ in its ruling found that India’s submission pertaining to the acquittal and release of Jadhav could not be upheld.
According to the ICJ, the conviction and sentence of Jadhav were not to be regarded as a violation of Article 36 of the Vienna Convention.
"As regards India’s claim based on the Vienna Convention, the Court considers that it is not the conviction and sentence of Mr Jadhav which are to be regarded as a violation of the provisions of the Vienna Convention," read the verdict.
Commander Jadhav — an Indian Navy officer working for Indian covert agency Research and Analysis Wing (RAW) — was arrested on March 3, 2016, from Balochistan after he entered into Pakistan from Iran.
https://www.geo.tv/latest/244212-in...r-of-consular-access-to-spy-kulbhushan-jadhav
Runner Up
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Pakistan offers consular access India rejects. Kitna rotay hain yaar ye Indians. It's like that lady who had ten children after marriage and still complaints that "Sachcha Pyaar Nahi Mila"
Lonewarrior
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LOL [MENTION=76058]cricketjoshila[/MENTION]
Abdullah719
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<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Consular access for Indian spy Commander Kulbhushan Jadhav, a serving Indian naval officer and RAW operative, is being provided on Monday 2 September 2019, in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan.</p>— Dr Mohammad Faisal (@ForeignOfficePk) <a href="https://twitter.com/ForeignOfficePk/status/1168161216814026752?ref_src=twsrc%5Etfw">September 1, 2019</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<blockquote class="twitter-tweet" data-conversation="none" data-lang="en"><p lang="en" dir="ltr">Commander Jadhav remains in Pakistan’s custody, for espionage, terrorism and sabotage.</p>— Dr Mohammad Faisal (@ForeignOfficePk) <a href="https://twitter.com/ForeignOfficePk/status/1168161219192262656?ref_src=twsrc%5Etfw">September 1, 2019</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<blockquote class="twitter-tweet" data-conversation="none" data-lang="en"><p lang="en" dir="ltr">Commander Jadhav remains in Pakistan’s custody, for espionage, terrorism and sabotage.</p>— Dr Mohammad Faisal (@ForeignOfficePk) <a href="https://twitter.com/ForeignOfficePk/status/1168161219192262656?ref_src=twsrc%5Etfw">September 1, 2019</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
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Kulbhushan Jadhav, a former naval officer sentenced to death in Pakistan over allegations of spying and terrorism, was allowed a meeting with an Indian official for the first time today, weeks after the International Court of Justice ordered Islamabad to give India consular access to him and also review his death sentence.
"India will be proceeding for consular access to Jadhav," government sources had said this morning. "Indian Charge d' Affaires Gaurav Ahluwalia will be meeting Jadhav. We hope that the Pakistan will ensure right atmosphere so that the meeting is free, fair, meaningful and effective in keeping with the letter and spirit of the ICJ orders," said the sources.
Pakistan's foreign office had tweeted on Sunday that India will be given consular access to him on Monday "in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan".
Kulbhushan Jadhav, 49, was sentenced to death by a Pakistani military court in April 2017. India called the closed trial farcical and took Pakistan to the world court a month after the sentencing.
In a verdict 15 to one in favour of India, the UN court said the death sentence should remain suspended until Pakistan effectively reviewed and reconsidered the conviction. The world court had also agreed with India's allegation that Pakistan had not informed Jadhav about his rights and that "Pakistan deprived India of the right to communicate with and have access to Jadhav, to visit him in detention and to arrange for his legal representation,"
India says Jadhav was abducted from Iran, where he was running a business, and falsely accused of espionage and terrorism.
The Pakistan Foreign Office had even last month said India could meet Mr Jadhav. But the meeting did not take place after New Delhi and Islamabad disagreed on the terms.
Pakistan wanted one of its officials to be present when Mr Jadhav met Indian officials.
India rejected the idea and asserted that consular access must be "unimpeded" and should be in the light of the judgment by the International Court of Justice.
https://www.ndtv.com/india-news/ind...ght-atmosphere-s-2094152?pfrom=home-topscroll
"India will be proceeding for consular access to Jadhav," government sources had said this morning. "Indian Charge d' Affaires Gaurav Ahluwalia will be meeting Jadhav. We hope that the Pakistan will ensure right atmosphere so that the meeting is free, fair, meaningful and effective in keeping with the letter and spirit of the ICJ orders," said the sources.
Pakistan's foreign office had tweeted on Sunday that India will be given consular access to him on Monday "in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan".
Kulbhushan Jadhav, 49, was sentenced to death by a Pakistani military court in April 2017. India called the closed trial farcical and took Pakistan to the world court a month after the sentencing.
In a verdict 15 to one in favour of India, the UN court said the death sentence should remain suspended until Pakistan effectively reviewed and reconsidered the conviction. The world court had also agreed with India's allegation that Pakistan had not informed Jadhav about his rights and that "Pakistan deprived India of the right to communicate with and have access to Jadhav, to visit him in detention and to arrange for his legal representation,"
India says Jadhav was abducted from Iran, where he was running a business, and falsely accused of espionage and terrorism.
The Pakistan Foreign Office had even last month said India could meet Mr Jadhav. But the meeting did not take place after New Delhi and Islamabad disagreed on the terms.
Pakistan wanted one of its officials to be present when Mr Jadhav met Indian officials.
India rejected the idea and asserted that consular access must be "unimpeded" and should be in the light of the judgment by the International Court of Justice.
https://www.ndtv.com/india-news/ind...ght-atmosphere-s-2094152?pfrom=home-topscroll
Abdullah719
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Indian deputy high commissioner meets Kulbhushan Jadhav in Islamabad
Indian Deputy High Commissioner Gaurav Ahluwalia on Monday met convicted Indian spy Kulbhushan Jadhav at a sub-jail in Islamabad. The meeting lasted for one hour, according to sources.
Ahluwalia had arrived at the Foreign Office earlier today to meet the former Indian Navy officer who was arrested in March 2016 from the province of Balochistan.
Jadhav was accused of espionage activities and sentenced to death by a military court soon after.
https://www.geo.tv/latest/246425-in...issioner-meets-kulbhushan-jadhav-in-islamabad
Indian Deputy High Commissioner Gaurav Ahluwalia on Monday met convicted Indian spy Kulbhushan Jadhav at a sub-jail in Islamabad. The meeting lasted for one hour, according to sources.
Ahluwalia had arrived at the Foreign Office earlier today to meet the former Indian Navy officer who was arrested in March 2016 from the province of Balochistan.
Jadhav was accused of espionage activities and sentenced to death by a military court soon after.
https://www.geo.tv/latest/246425-in...issioner-meets-kulbhushan-jadhav-in-islamabad
The Viper
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No truth to reports regarding amendment in PAA to implement ICJ verdict on Kulbhushan: ISPR
Director General of Inter-Services Public Relations (ISPR) Maj Gen Asif Ghafoor on Wednesday evening dismissed reports regarding amendment to the Pakistan Army Act (PAA) as "incorrect".
"Speculations for amendment in Pakistan Army Act to implement International Court of Justice (ICJ) verdict regarding convicted Indian terrorist Commander Kulbhushan Jadhav are incorrect," said Ghafoor on Twitter.
"Various legal options for review and reconsideration of the case are being considered. Final status shall be shared in due course of time."
The statement comes after certain Pakistani and Indian media outlets, quoting sources, reported that an amendment would soon be made to the act.
"The Pakistan government will be making amendments in the Army Act and let Kulbhushan Jadhav appeal against his conviction in a civilian court," India Today had claimed.
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
In his trial at a military court, Jadhav had confessed to his involvement in terrorist plots and was sentenced to death in 2017.
ICJ, after being approached by India, had ordered a stay in his execution through an interim order.
On July 17, the international court had ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.
The ICJ, however, rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav's release and ordering his return to India.
https://www.dawn.com/news/1516481/n...a-to-implement-icj-verdict-on-kulbhushan-ispr
Director General of Inter-Services Public Relations (ISPR) Maj Gen Asif Ghafoor on Wednesday evening dismissed reports regarding amendment to the Pakistan Army Act (PAA) as "incorrect".
"Speculations for amendment in Pakistan Army Act to implement International Court of Justice (ICJ) verdict regarding convicted Indian terrorist Commander Kulbhushan Jadhav are incorrect," said Ghafoor on Twitter.
"Various legal options for review and reconsideration of the case are being considered. Final status shall be shared in due course of time."
The statement comes after certain Pakistani and Indian media outlets, quoting sources, reported that an amendment would soon be made to the act.
"The Pakistan government will be making amendments in the Army Act and let Kulbhushan Jadhav appeal against his conviction in a civilian court," India Today had claimed.
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
In his trial at a military court, Jadhav had confessed to his involvement in terrorist plots and was sentenced to death in 2017.
ICJ, after being approached by India, had ordered a stay in his execution through an interim order.
On July 17, the international court had ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.
The ICJ, however, rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav's release and ordering his return to India.
https://www.dawn.com/news/1516481/n...a-to-implement-icj-verdict-on-kulbhushan-ispr
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INDIA RESORTED to “back-channel” efforts to “persuade” Islamabad to release Kulbhushan Jadhav, a former Indian Navy officer who is on death row in Pakistan on charges of spying and terrorist activities.
This was revealed by India’s lead counsel in the case at the International Court of Justice (ICJ), Harish Salve, a senior Supreme Court lawyer and former Solicitor General of India, during an online interaction on Saturday.
The Indian Express has learnt that National Security Advisor Ajit Doval had, in one of his interactions with then Pakistan NSA, Nasser Khan Janjua, “gently nudged” Pakistan to release Jadhav.
Responding to questions, Salve, who was speaking from London, said, “We were hoping that through the back-channel, we may be able to persuade Pakistan to let him go. If they want to say on humanitarian grounds or whatever, we want him back. We said, let him go. Because it’s become a big ego problem in Pakistan. So, we were hoping they would let him go, they haven’t.”
The online session was organised by Akhil Bharatiya Adhivakta Parishad, an all-India lawyers’ association associated with the RSS.
According to Pakistan, Jadhav was arrested on March 3, 2016. India was informed on March 25, 2016, when the Pakistan Foreign Secretary raised the matter with the Indian High Commissioner in Islamabad. India immediately sought consular access at the earliest.
Jadhav was sentenced to death on charges of espionage and terrorism in April 2017. In May 2017, India moved the ICJ against the “farcical trial” by Pakistan’s military court.
In July last year, the ICJ, in its verdict, directed Pakistan to allow consular access and effectively review the death sentence. The court observed that Pakistan had breached international law by not granting consular access.
But, with Pakistan not moving forward – it has allowed an Indian diplomat to meet Jadhav under watch – Salve said on Saturday, “I think we have reached a point where we may have to decide whether to go to ICJ for further consequential directions. Because Pakistan has not moved ahead.”
He said the ICJ had rejected Pakistan’s stand that their laws provide for review and reconsideration, and said there must be “effective review and reconsideration.”
“We have come this far, they cannot now put him (Jadhav) to death; our consular officers have to be given access,” he said.
He said Jadhav’s alleged confession must be disregarded – without which there will be no evidence. “Pakistan, till date, has refused to share the FIR, the chargesheet or the military court judgment,” he said.
“We (India) have been writing to Pakistan asking them to show evidence against Jadhav (in order) to better assist him. They refuse to part with it. We will not give it to you (they say),” he said.
“I think they (Pakistan) have a serious problem on their hands. Other than the confession, they have nothing,” he said.
“Their domestic courts may find that sufficient. They know if it comes to a fair consideration and a fair trial, they will have no choice but to release him. Someday, we shall have him back in India,” said Salve.
https://indianexpress.com/article/india/kulbhushan-jadhav-release-pakistan-harish-salve-6391139/
This was revealed by India’s lead counsel in the case at the International Court of Justice (ICJ), Harish Salve, a senior Supreme Court lawyer and former Solicitor General of India, during an online interaction on Saturday.
The Indian Express has learnt that National Security Advisor Ajit Doval had, in one of his interactions with then Pakistan NSA, Nasser Khan Janjua, “gently nudged” Pakistan to release Jadhav.
Responding to questions, Salve, who was speaking from London, said, “We were hoping that through the back-channel, we may be able to persuade Pakistan to let him go. If they want to say on humanitarian grounds or whatever, we want him back. We said, let him go. Because it’s become a big ego problem in Pakistan. So, we were hoping they would let him go, they haven’t.”
The online session was organised by Akhil Bharatiya Adhivakta Parishad, an all-India lawyers’ association associated with the RSS.
According to Pakistan, Jadhav was arrested on March 3, 2016. India was informed on March 25, 2016, when the Pakistan Foreign Secretary raised the matter with the Indian High Commissioner in Islamabad. India immediately sought consular access at the earliest.
Jadhav was sentenced to death on charges of espionage and terrorism in April 2017. In May 2017, India moved the ICJ against the “farcical trial” by Pakistan’s military court.
In July last year, the ICJ, in its verdict, directed Pakistan to allow consular access and effectively review the death sentence. The court observed that Pakistan had breached international law by not granting consular access.
But, with Pakistan not moving forward – it has allowed an Indian diplomat to meet Jadhav under watch – Salve said on Saturday, “I think we have reached a point where we may have to decide whether to go to ICJ for further consequential directions. Because Pakistan has not moved ahead.”
He said the ICJ had rejected Pakistan’s stand that their laws provide for review and reconsideration, and said there must be “effective review and reconsideration.”
“We have come this far, they cannot now put him (Jadhav) to death; our consular officers have to be given access,” he said.
He said Jadhav’s alleged confession must be disregarded – without which there will be no evidence. “Pakistan, till date, has refused to share the FIR, the chargesheet or the military court judgment,” he said.
“We (India) have been writing to Pakistan asking them to show evidence against Jadhav (in order) to better assist him. They refuse to part with it. We will not give it to you (they say),” he said.
“I think they (Pakistan) have a serious problem on their hands. Other than the confession, they have nothing,” he said.
“Their domestic courts may find that sufficient. They know if it comes to a fair consideration and a fair trial, they will have no choice but to release him. Someday, we shall have him back in India,” said Salve.
https://indianexpress.com/article/india/kulbhushan-jadhav-release-pakistan-harish-salve-6391139/
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A lot of quiet on the terrorist abetter.
Abdullah719
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Pakistan rejects 'baseless, inaccurate' allegations by Indian counsel in Kulbushan Jadhav case
Foreign Office spokesperson Aisha Farooqui on Sunday said that Pakistan rejects the "baseless and inaccurate" allegations by Harish Salve, India's legal counsel in the Kulbushan Jadhav case.
In an online lecture on May 3, Salve, who had represented India in the case at the International Court of Justice (ICJ), alleged that Pakistan refused to respond to Indian queries about how it would carry out the ICJ's judgement and review and reconsider Jadav's case.
https://www.dawn.com/news/1555991/p...ns-by-indian-counsel-in-kulbushan-jadhav-case
Foreign Office spokesperson Aisha Farooqui on Sunday said that Pakistan rejects the "baseless and inaccurate" allegations by Harish Salve, India's legal counsel in the Kulbushan Jadhav case.
In an online lecture on May 3, Salve, who had represented India in the case at the International Court of Justice (ICJ), alleged that Pakistan refused to respond to Indian queries about how it would carry out the ICJ's judgement and review and reconsider Jadav's case.
"We have written four to five letters to Pakistan [...] but they just keep on denying. I think we have reached a point where we have to now decide whether we want to go back to ICJ for consequential directions because Pakistan has not moved ahead," Tribune India quoted Salve as saying.
He also alleged that Pakistan granted consular access to Jadhav "too late" and refused to share details of the case with India.
The Foreign Office, while refuting the allegations, said that Pakistan has "fully complied" with the international court's judgement.
"Pakistan has granted India consular access to commander Jadhav and is processing measures for effective review and reconsideration as per the guidelines provided by ICJ in its judgment," a statement from the FO read.
The Foreign Office also said that Salve's statements were "regrettable and a misrepresentation of facts", adding that Pakistan followed "all its international obligations".
The ICJ in its verdict in July 2019 had ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure "effective review and reconsideration of his conviction and sentences".
The ICJ had, however, rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav's release and ordering his return to India.
Arrest of Indian spy
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
In his subsequent trial at a military court, Jadhav had confessed to his involvement in terrorist plots.
The spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a spy and said he was kidnapped from Iran.
On April 10, 2017, Army Chief Gen Qamar Bajwa had endorsed the death penalty for Jadhav. In June 2017, the Indian spy had filed a mercy petition against the death penalty, in which he again confessed to his involvement in terrorist activities.
However, before Pakistani authorities could make a final decision, the ICJ, after being approached by India, had ordered a stay in his execution through an interim order.
He also alleged that Pakistan granted consular access to Jadhav "too late" and refused to share details of the case with India.
The Foreign Office, while refuting the allegations, said that Pakistan has "fully complied" with the international court's judgement.
"Pakistan has granted India consular access to commander Jadhav and is processing measures for effective review and reconsideration as per the guidelines provided by ICJ in its judgment," a statement from the FO read.
The Foreign Office also said that Salve's statements were "regrettable and a misrepresentation of facts", adding that Pakistan followed "all its international obligations".
The ICJ in its verdict in July 2019 had ruled that Jadhav be allowed consular access immediately and asked Pakistan to ensure "effective review and reconsideration of his conviction and sentences".
The ICJ had, however, rejected all other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, restricting Pakistan from executing the sentence, securing Jadhav's release and ordering his return to India.
Arrest of Indian spy
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
In his subsequent trial at a military court, Jadhav had confessed to his involvement in terrorist plots.
The spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a spy and said he was kidnapped from Iran.
On April 10, 2017, Army Chief Gen Qamar Bajwa had endorsed the death penalty for Jadhav. In June 2017, the Indian spy had filed a mercy petition against the death penalty, in which he again confessed to his involvement in terrorist activities.
However, before Pakistani authorities could make a final decision, the ICJ, after being approached by India, had ordered a stay in his execution through an interim order.
Abdullah719
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Kulbhushan Jadhav has refused to file review petition against death sentence
The Foreign Office (FO) said on Wednesday that Indian spy Kulbhushan Jadhav has refused to file a review petition under Pakistani law against the death sentence awarded to him.
Additional Attorney-General Ahmed Irfan and the FO's Director-General of South Asia and SAARC Zahid Hafeez Chaudhri addressed a presser in Islamabad today. They revealed that on May 20, Pakistan enacted the International Court of Justice Review and Reconsideration Ordinance, 2020 which allows reviews petitions within a certain period of time.
Under this ordinance, a review petition can be filed in the Islamabad High Court by a consular official of the Indian High Commission, or even by Jadhav. However, when on June 17 Jadhav was invited to file a petition for the reconsideration of his conviction he refused to file the petition.
Instead he preferred to follow up on his pending mercy petition, Irfan said. He further said Pakistan has repeatedly written to the Indian High Commission to file the petition before the deadline.
We hope India follows the due legal course and cooperate with the courts in Pakistan to give effect to the judgment of the International Court of Justice, he said.
He added that Pakistan has also offered a meeting of Jadhav with his wife and father as well.
https://www.brecorder.com/news/4000...o-file-review-petition-against-death-sentence
The Foreign Office (FO) said on Wednesday that Indian spy Kulbhushan Jadhav has refused to file a review petition under Pakistani law against the death sentence awarded to him.
Additional Attorney-General Ahmed Irfan and the FO's Director-General of South Asia and SAARC Zahid Hafeez Chaudhri addressed a presser in Islamabad today. They revealed that on May 20, Pakistan enacted the International Court of Justice Review and Reconsideration Ordinance, 2020 which allows reviews petitions within a certain period of time.
Under this ordinance, a review petition can be filed in the Islamabad High Court by a consular official of the Indian High Commission, or even by Jadhav. However, when on June 17 Jadhav was invited to file a petition for the reconsideration of his conviction he refused to file the petition.
Instead he preferred to follow up on his pending mercy petition, Irfan said. He further said Pakistan has repeatedly written to the Indian High Commission to file the petition before the deadline.
We hope India follows the due legal course and cooperate with the courts in Pakistan to give effect to the judgment of the International Court of Justice, he said.
He added that Pakistan has also offered a meeting of Jadhav with his wife and father as well.
https://www.brecorder.com/news/4000...o-file-review-petition-against-death-sentence
Abdullah719
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Indian diplomats left without listening to Jadhav after being given consular access: FM Qureshi
Foreign Minister Shah Mahmood Qureshi said on Thursday that two officials from the Indian High commission in Islamabad — that had been provided consular access earlier today for a second time to Indian spy Kulbhushan Jadhav at Delhi's request — left without hearing him out.
In a statement, the foreign minister said that consular access was given according to the terms agreed upon. "India's ill intentions have come to light. They didn't want consular access. [Jhadav] kept asking the Indian diplomats to talk to him and they left."
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
Calling the behaviour of the officials "astonishing", the Qureshi questioned that if Indian diplomats didn't want to talk to Jadhav, why did they ask for consular access.
"They had objected to the glass that had been placed in the middle so we removed it. They had also objected to audio and video recordings so that was also not done. We fulfilled all their requests, but still they left." he said.
Earlier today, Pakistan provided consular access for a second time to the Indian spy at Delhi's request while Foreign Office (FO) spokesperson Aisha Farooqui reiterated the country's offer to file an appeal in the Islamabad High Court (IHC) against his conviction and subsequent death sentence by a military court.
In a statement, the FO spokesperson said that two consular officers of the Indian High Commission in Islamabad were provided "unimpeded and uninterrupted access to Jadhav at 1500 hours".
"First consular access under the Vienna Convention on Consular Relations (VCCR) 1963 was earlier provided by Pakistan on September 2, 2019. The mother and wife of Commander Jadhav were also allowed to meet him on December 25, 2017.
"Commander Jadhav is in Pakistan’s custody following his arrest from Balochistan in a counter-intelligence operation on March 3, 2016. During investigation, Commander Jadhav confessed to his involvement in terrorist activities inside Pakistan that resulted in [the] loss of many precious human lives. He also made important revelations about RAW’s role in sponsoring state terrorism in Pakistan."
The statement added that Pakistan remained committed to fully implementing the International Court of Justice's (ICJ) judgement of July 17, 2019. "It is hoped that India will cooperate with the Pakistan court in giving full effect to the said judgement."
Earlier today, Farooqui had reiterated Pakistan's offer to file an appeal in the IHC against Jadhav's conviction at her weekly press briefing. "The time limit for filing a review petition is 60 days [set to expire on July 19]. We hope that India will cooperate in this regard."
In a statement released shortly after, Qureshi said that Jadhav had "confessed to terrorism with his own mouth".
We accepted the decision of the ICJ, [but] India's attitude has always been negative in this regard and they have not shown cooperation, he said. "However, our thinking is positive and we have presented all the facts to the world. We are proceeding forward within the parameters of the law."
He added that the current Indian government had an extreme mindset which did not care for human rights or the law. "China has tried to improve relations between the two countries, but even China was not spared."
They also targeted Bangladesh and their attitude with Sri Lanka is in front of the world, the foreign minister said. "India is facing setbacks at a global level. If the current Hindutva mindset prevails, then we cannot expect any improvement."
https://www.dawn.com/news/1569363/i...-after-being-given-consular-access-fm-qureshi
Foreign Minister Shah Mahmood Qureshi said on Thursday that two officials from the Indian High commission in Islamabad — that had been provided consular access earlier today for a second time to Indian spy Kulbhushan Jadhav at Delhi's request — left without hearing him out.
In a statement, the foreign minister said that consular access was given according to the terms agreed upon. "India's ill intentions have come to light. They didn't want consular access. [Jhadav] kept asking the Indian diplomats to talk to him and they left."
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
Calling the behaviour of the officials "astonishing", the Qureshi questioned that if Indian diplomats didn't want to talk to Jadhav, why did they ask for consular access.
"They had objected to the glass that had been placed in the middle so we removed it. They had also objected to audio and video recordings so that was also not done. We fulfilled all their requests, but still they left." he said.
Earlier today, Pakistan provided consular access for a second time to the Indian spy at Delhi's request while Foreign Office (FO) spokesperson Aisha Farooqui reiterated the country's offer to file an appeal in the Islamabad High Court (IHC) against his conviction and subsequent death sentence by a military court.
In a statement, the FO spokesperson said that two consular officers of the Indian High Commission in Islamabad were provided "unimpeded and uninterrupted access to Jadhav at 1500 hours".
"First consular access under the Vienna Convention on Consular Relations (VCCR) 1963 was earlier provided by Pakistan on September 2, 2019. The mother and wife of Commander Jadhav were also allowed to meet him on December 25, 2017.
"Commander Jadhav is in Pakistan’s custody following his arrest from Balochistan in a counter-intelligence operation on March 3, 2016. During investigation, Commander Jadhav confessed to his involvement in terrorist activities inside Pakistan that resulted in [the] loss of many precious human lives. He also made important revelations about RAW’s role in sponsoring state terrorism in Pakistan."
The statement added that Pakistan remained committed to fully implementing the International Court of Justice's (ICJ) judgement of July 17, 2019. "It is hoped that India will cooperate with the Pakistan court in giving full effect to the said judgement."
Earlier today, Farooqui had reiterated Pakistan's offer to file an appeal in the IHC against Jadhav's conviction at her weekly press briefing. "The time limit for filing a review petition is 60 days [set to expire on July 19]. We hope that India will cooperate in this regard."
In a statement released shortly after, Qureshi said that Jadhav had "confessed to terrorism with his own mouth".
We accepted the decision of the ICJ, [but] India's attitude has always been negative in this regard and they have not shown cooperation, he said. "However, our thinking is positive and we have presented all the facts to the world. We are proceeding forward within the parameters of the law."
He added that the current Indian government had an extreme mindset which did not care for human rights or the law. "China has tried to improve relations between the two countries, but even China was not spared."
They also targeted Bangladesh and their attitude with Sri Lanka is in front of the world, the foreign minister said. "India is facing setbacks at a global level. If the current Hindutva mindset prevails, then we cannot expect any improvement."
https://www.dawn.com/news/1569363/i...-after-being-given-consular-access-fm-qureshi
CricketCartoons
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Time to execute this spy.
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A day after the meeting of Indian officials with Kulbhushan Jadhav, Pakistan on Friday said it has decided to again give India consular access to the former naval officer sentenced to death in Pakistan for alleged involvement in espionage. This will be the third consular access to Jadhav.
Confirming the development, Pakistan’s foreign minister Shah Mahmood Qureshi said that they have agreed to India’s demand to not have a security personnel during the meeting.
However, Qureshi said that the Indian officials who came to meet Jadhav on Thursday left without hearing him out. “[Jhadav] kept asking the Indian diplomats to talk to him and they left,” claimed Qureshi.
Calling the behaviour of the officials “astonishing”, Qureshi said that if the Indian diplomats didn’t want to talk to Jadhav, why did they ask for consular access.
“They had objected to the glass that had been placed in the middle so we removed it. They had also objected to audio and video recordings so that was also not done. We fulfilled all their requests, but still they left,” said the Pakistan foreign minister.
New Delhi had accused Islamabad of breaching its assurance of providing unimpeded access to Jadhav during the consular access.
On Thursday, Pakistan provided consular access to Jadhav for the second time since he was detained in March 2016. But when two Indian consular officials went to meet him, they found Pakistani officials with “an intimidating demeanour” near Jadhav and a camera being used to record the conversation, the ministry of external affairs (MEA) said.
The Indian officials met Jadhav to discuss filing a review petition in Islamabad high court against his death sentence by the deadline of July 20, and required privacy to talk about the matter.
“The consular officers could not engage Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation,” MEA spokesperson Anurag Srivastava said.
“In the light of these circumstances, the Indian consular officers came to the conclusion that the consular access being offered by Pakistan was neither meaningful nor credible. After lodging a protest, they left the venue.”
Meanwhile, the spokesperson of Pakistan’s foreign office Aisha Farooqui reiterated the country’s offer to file an appeal in the Islamabad High Court against Jadhav’s conviction and subsequent death sentence by a military court.
The statement added that Pakistan remained committed to fully implementing the International Court of Justice’s (ICJ) judgement of July 17, 2019. “It is hoped that India will cooperate with the Pakistan court in giving full effect to the said judgement.”
Consular access to Jadhav was first provided in September 2019, while his mother and wife had been allowed to meet him in December 2017.
https://www.hindustantimes.com/indi...-in-meeting/story-RTbmU4756V1Htn2OX4bFNN.html
Confirming the development, Pakistan’s foreign minister Shah Mahmood Qureshi said that they have agreed to India’s demand to not have a security personnel during the meeting.
However, Qureshi said that the Indian officials who came to meet Jadhav on Thursday left without hearing him out. “[Jhadav] kept asking the Indian diplomats to talk to him and they left,” claimed Qureshi.
Calling the behaviour of the officials “astonishing”, Qureshi said that if the Indian diplomats didn’t want to talk to Jadhav, why did they ask for consular access.
“They had objected to the glass that had been placed in the middle so we removed it. They had also objected to audio and video recordings so that was also not done. We fulfilled all their requests, but still they left,” said the Pakistan foreign minister.
New Delhi had accused Islamabad of breaching its assurance of providing unimpeded access to Jadhav during the consular access.
On Thursday, Pakistan provided consular access to Jadhav for the second time since he was detained in March 2016. But when two Indian consular officials went to meet him, they found Pakistani officials with “an intimidating demeanour” near Jadhav and a camera being used to record the conversation, the ministry of external affairs (MEA) said.
The Indian officials met Jadhav to discuss filing a review petition in Islamabad high court against his death sentence by the deadline of July 20, and required privacy to talk about the matter.
“The consular officers could not engage Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation,” MEA spokesperson Anurag Srivastava said.
“In the light of these circumstances, the Indian consular officers came to the conclusion that the consular access being offered by Pakistan was neither meaningful nor credible. After lodging a protest, they left the venue.”
Meanwhile, the spokesperson of Pakistan’s foreign office Aisha Farooqui reiterated the country’s offer to file an appeal in the Islamabad High Court against Jadhav’s conviction and subsequent death sentence by a military court.
The statement added that Pakistan remained committed to fully implementing the International Court of Justice’s (ICJ) judgement of July 17, 2019. “It is hoped that India will cooperate with the Pakistan court in giving full effect to the said judgement.”
Consular access to Jadhav was first provided in September 2019, while his mother and wife had been allowed to meet him in December 2017.
https://www.hindustantimes.com/indi...-in-meeting/story-RTbmU4756V1Htn2OX4bFNN.html
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A day after the meeting of Indian officials with Kulbhushan Jadhav, Pakistan on Friday said it has decided to again give India consular access to the former naval officer sentenced to death in Pakistan for alleged involvement in espionage. This will be the third consular access to Jadhav.
Confirming the development, Pakistan’s foreign minister Shah Mahmood Qureshi said that they have agreed to India’s demand to not have a security personnel during the meeting.
However, Qureshi said that the Indian officials who came to meet Jadhav on Thursday left without hearing him out. “[Jhadav] kept asking the Indian diplomats to talk to him and they left,” claimed Qureshi.
Calling the behaviour of the officials “astonishing”, Qureshi said that if the Indian diplomats didn’t want to talk to Jadhav, why did they ask for consular access.
“They had objected to the glass that had been placed in the middle so we removed it. They had also objected to audio and video recordings so that was also not done. We fulfilled all their requests, but still they left,” said the Pakistan foreign minister.
New Delhi had accused Islamabad of breaching its assurance of providing unimpeded access to Jadhav during the consular access.
On Thursday, Pakistan provided consular access to Jadhav for the second time since he was detained in March 2016. But when two Indian consular officials went to meet him, they found Pakistani officials with “an intimidating demeanour” near Jadhav and a camera being used to record the conversation, the ministry of external affairs (MEA) said.
The Indian officials met Jadhav to discuss filing a review petition in Islamabad high court against his death sentence by the deadline of July 20, and required privacy to talk about the matter.
“The consular officers could not engage Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation,” MEA spokesperson Anurag Srivastava said.
“In the light of these circumstances, the Indian consular officers came to the conclusion that the consular access being offered by Pakistan was neither meaningful nor credible. After lodging a protest, they left the venue.”
Meanwhile, the spokesperson of Pakistan’s foreign office Aisha Farooqui reiterated the country’s offer to file an appeal in the Islamabad High Court against Jadhav’s conviction and subsequent death sentence by a military court.
The statement added that Pakistan remained committed to fully implementing the International Court of Justice’s (ICJ) judgement of July 17, 2019. “It is hoped that India will cooperate with the Pakistan court in giving full effect to the said judgement.”
Consular access to Jadhav was first provided in September 2019, while his mother and wife had been allowed to meet him in December 2017.
https://www.hindustantimes.com/indi...-in-meeting/story-RTbmU4756V1Htn2OX4bFNN.html
Confirming the development, Pakistan’s foreign minister Shah Mahmood Qureshi said that they have agreed to India’s demand to not have a security personnel during the meeting.
However, Qureshi said that the Indian officials who came to meet Jadhav on Thursday left without hearing him out. “[Jhadav] kept asking the Indian diplomats to talk to him and they left,” claimed Qureshi.
Calling the behaviour of the officials “astonishing”, Qureshi said that if the Indian diplomats didn’t want to talk to Jadhav, why did they ask for consular access.
“They had objected to the glass that had been placed in the middle so we removed it. They had also objected to audio and video recordings so that was also not done. We fulfilled all their requests, but still they left,” said the Pakistan foreign minister.
New Delhi had accused Islamabad of breaching its assurance of providing unimpeded access to Jadhav during the consular access.
On Thursday, Pakistan provided consular access to Jadhav for the second time since he was detained in March 2016. But when two Indian consular officials went to meet him, they found Pakistani officials with “an intimidating demeanour” near Jadhav and a camera being used to record the conversation, the ministry of external affairs (MEA) said.
The Indian officials met Jadhav to discuss filing a review petition in Islamabad high court against his death sentence by the deadline of July 20, and required privacy to talk about the matter.
“The consular officers could not engage Jadhav on his legal rights and were prevented from obtaining his written consent for arranging his legal representation,” MEA spokesperson Anurag Srivastava said.
“In the light of these circumstances, the Indian consular officers came to the conclusion that the consular access being offered by Pakistan was neither meaningful nor credible. After lodging a protest, they left the venue.”
Meanwhile, the spokesperson of Pakistan’s foreign office Aisha Farooqui reiterated the country’s offer to file an appeal in the Islamabad High Court against Jadhav’s conviction and subsequent death sentence by a military court.
The statement added that Pakistan remained committed to fully implementing the International Court of Justice’s (ICJ) judgement of July 17, 2019. “It is hoped that India will cooperate with the Pakistan court in giving full effect to the said judgement.”
Consular access to Jadhav was first provided in September 2019, while his mother and wife had been allowed to meet him in December 2017.
https://www.hindustantimes.com/indi...-in-meeting/story-RTbmU4756V1Htn2OX4bFNN.html
Abdullah719
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Acceptance of jurisdiction of ICJ by PML-N big mistake: Shireen Mazari
ISLAMABAD: Minister for Human Rights Dr. Shireen Mehrunnisa Mazari on Thursday informed the National Assembly that despite objections of Pakistan Tehreek-e-Insaf and Pakistan Peoples Party, the then Pakistan Muslim League Nawaz government accepted jurisdiction of International Court of Justice (ICJ) in Indian spy Kulbhushan Jadhav case.
Replying to the points raised by the PML-N leader Khawaja Asif she said, “There was no reason to accept the jurisdiction of ICJ in the case of Kulbhushan Jadhav by the then government of PML-N and representatives from PPP and PTI during a meeting at that time had objected to it."
She was of the view that when one country did not accept the jurisdiction, as per the law, the ICJ could not hear the case.
https://www.brecorder.com/news/4000...on-of-icj-by-pml-n-big-mistake-shireen-mazari
ISLAMABAD: Minister for Human Rights Dr. Shireen Mehrunnisa Mazari on Thursday informed the National Assembly that despite objections of Pakistan Tehreek-e-Insaf and Pakistan Peoples Party, the then Pakistan Muslim League Nawaz government accepted jurisdiction of International Court of Justice (ICJ) in Indian spy Kulbhushan Jadhav case.
Replying to the points raised by the PML-N leader Khawaja Asif she said, “There was no reason to accept the jurisdiction of ICJ in the case of Kulbhushan Jadhav by the then government of PML-N and representatives from PPP and PTI during a meeting at that time had objected to it."
She was of the view that when one country did not accept the jurisdiction, as per the law, the ICJ could not hear the case.
She also alleged that at that time, the government had nominated a lower grade employee to defend the case.
“We also objected to hiring of lawyers for the case," she added. The minister said it was the stance of her party and PPP that PML-N government had done wrong by accepting the jurisdiction of the ICJ.
“We are stuck in ICJ due to wrong decision of the PML-N government and we should have not fought the case there,” she added. She asked the PML-N to accept the mistake.
“We should never have gone, this was wrong thinking." She said that in the parliamentary committee at that time, PTI and PPP made it clear that jurisdiction of the ICP should not be accepted.
She said that now the government had to implement the ICJ decision as it had given its judgment in the case.
Earlier Khawaja Asif objected to the tabling of International Court of Justice (Review and Re-consideration) Ordinance, 2020 (No. VI of 2020) and said why was the government now facilitating Kulbhushan Jadhav.
He said that serving Indian navy employee was caught in Pakistan for spying, adding a person who admitted to killing of innocent people should not be given any relief.
He said Indian army was killing innocent people in Kashmir. Legislation to facilitate an Indian spy was not acceptable, he added.
PPP Chairman Bilawal Bhutto opposed the promulgation of an ordinance which will allow the Indian spy Kulbhushan Jadhav to file a review petition against his conviction and sentence.
He said that as per the law, if the National Assembly and Senate were in proceeding and if there was any ordinance, it will have to be laid before the house as soon as possible.
He alleged that the house was not taken into confidence on the issue.
He said that Indian spy should not be given any relief.
He also asked the government to start consultation with opposition parties for establishing new accountability institution with the mandate to conduct across the board accountability.
“We also objected to hiring of lawyers for the case," she added. The minister said it was the stance of her party and PPP that PML-N government had done wrong by accepting the jurisdiction of the ICJ.
“We are stuck in ICJ due to wrong decision of the PML-N government and we should have not fought the case there,” she added. She asked the PML-N to accept the mistake.
“We should never have gone, this was wrong thinking." She said that in the parliamentary committee at that time, PTI and PPP made it clear that jurisdiction of the ICP should not be accepted.
She said that now the government had to implement the ICJ decision as it had given its judgment in the case.
Earlier Khawaja Asif objected to the tabling of International Court of Justice (Review and Re-consideration) Ordinance, 2020 (No. VI of 2020) and said why was the government now facilitating Kulbhushan Jadhav.
He said that serving Indian navy employee was caught in Pakistan for spying, adding a person who admitted to killing of innocent people should not be given any relief.
He said Indian army was killing innocent people in Kashmir. Legislation to facilitate an Indian spy was not acceptable, he added.
PPP Chairman Bilawal Bhutto opposed the promulgation of an ordinance which will allow the Indian spy Kulbhushan Jadhav to file a review petition against his conviction and sentence.
He said that as per the law, if the National Assembly and Senate were in proceeding and if there was any ordinance, it will have to be laid before the house as soon as possible.
He alleged that the house was not taken into confidence on the issue.
He said that Indian spy should not be given any relief.
He also asked the government to start consultation with opposition parties for establishing new accountability institution with the mandate to conduct across the board accountability.
I agree with this. ICJ had refused to hear Pakistan's petition of Indian AF illegally shooting down Pak Navy's Atlantique in 2000 due to Indian objection as to ICJ's juristriction on the matter. If that was OK, why did idiots in GoP agree to allow the matter to beheard in ICJ?
King-Misbah
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Because Nawaz is a traitor and an Indian puppet.
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A rumor doing the rounds is that this guy will be let go, and in return the Humsaaya Mulk will free Yaseen Malik from Tihar Jail, and if the deal doesn’t go through, Malik will be hanged (and buried) at the jail, a la Maqbool Bhat.
Of course, once they receive this person back, what’s to stop the Humsaaya Mulk from re-arresting Malik after a respectable interval?
Of course, once they receive this person back, what’s to stop the Humsaaya Mulk from re-arresting Malik after a respectable interval?
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Law minister tells NA: Jadhav not being extended 'NRO-like concession'
ISLAMABAD: Minister for Law Farogh Naseem Friday dispelled the impression that the Indian spy Kulbhushan Jadhav is being given a concession "similar to former military leader Pervez Musharraf's National Reconciliation Ordinance (NRO)."
Naseem, after taking oath as the Federal Minister for Law, was responding to the opposition's concerns at the National Assembly where the opposition parties Thursday blocked the government's move to lay before the House an ordinance aimed at providing the legal right of review and reconsideration to the Indian spy against his conviction by a military court.
Pakistan, being a responsible state has promulgated the ordinance to give effect to the July 17, 2019 judgment of the International Court of Justice (ICJ) in Kulbhushan Jadhav case, he added.
He stated that the ICJ, in its verdict, had asked Pakistan for effective review and reconsideration of the sentence of Indian spy Kulbhushan Jadhav announced by the military court of Pakistan on charges of espionage and terrorism.
https://www.brecorder.com/news/4000...jadhav-not-being-extended-nro-like-concession
ISLAMABAD: Minister for Law Farogh Naseem Friday dispelled the impression that the Indian spy Kulbhushan Jadhav is being given a concession "similar to former military leader Pervez Musharraf's National Reconciliation Ordinance (NRO)."
Naseem, after taking oath as the Federal Minister for Law, was responding to the opposition's concerns at the National Assembly where the opposition parties Thursday blocked the government's move to lay before the House an ordinance aimed at providing the legal right of review and reconsideration to the Indian spy against his conviction by a military court.
Pakistan, being a responsible state has promulgated the ordinance to give effect to the July 17, 2019 judgment of the International Court of Justice (ICJ) in Kulbhushan Jadhav case, he added.
He stated that the ICJ, in its verdict, had asked Pakistan for effective review and reconsideration of the sentence of Indian spy Kulbhushan Jadhav announced by the military court of Pakistan on charges of espionage and terrorism.
"It is obligatory for Pakistan to comply with the ICJ judgment. Otherwise, India is hell-bent to approach UN Security Council to get imposed sanctions against Pakistan through a resolution," the law minister said. He further explained that the ordinance does not call for setting aside the decision of the military court and it is only aimed at complying with the ICJ judgment.
"Where is it written in the ordinance that the conviction has ended?" asked the minister, adding that nowhere was it written that the government needs to speak to the opposition before promulgating an ordinance.
"The ordinance was not produced by anyone from "under a pillow" and no one should be blamed for it," he asserted.
The minister stressed that the ordinance should be passed by the Parliament to make it a law, adding that it is neither an NRO similar to the one promulgated by Gen (retired) Musharraf, an appeal nor a person-specific legislation.
He further stated that the ordinance was not person-specific and if it became a law, it would also be applicable for any such situation in future giving the right to a person guilty of espionage to file an appeal in the court for effective review instead of taking the matter to the ICJ.
The law minister said that Jadhav was arrested on March 3, 2016 and the then PML-N government had decided not to grant consular access to him for the reason of his involvement in espionage.
On May 8, 2017, he added that India approached the ICJ, and asked the court to direct Pakistan to release Jadhav.
However, the ICJ rejected India's appeal but directed Pakistan to grant consular access to the convicted Indian spy.
Earlier, on Thursday, the opposition had accused the PTI government for giving an "NRO" to the Indian spy through the ordinance, and blocked the move to lay it before the House after a strong protest.
"Where is it written in the ordinance that the conviction has ended?" asked the minister, adding that nowhere was it written that the government needs to speak to the opposition before promulgating an ordinance.
"The ordinance was not produced by anyone from "under a pillow" and no one should be blamed for it," he asserted.
The minister stressed that the ordinance should be passed by the Parliament to make it a law, adding that it is neither an NRO similar to the one promulgated by Gen (retired) Musharraf, an appeal nor a person-specific legislation.
He further stated that the ordinance was not person-specific and if it became a law, it would also be applicable for any such situation in future giving the right to a person guilty of espionage to file an appeal in the court for effective review instead of taking the matter to the ICJ.
The law minister said that Jadhav was arrested on March 3, 2016 and the then PML-N government had decided not to grant consular access to him for the reason of his involvement in espionage.
On May 8, 2017, he added that India approached the ICJ, and asked the court to direct Pakistan to release Jadhav.
However, the ICJ rejected India's appeal but directed Pakistan to grant consular access to the convicted Indian spy.
Earlier, on Thursday, the opposition had accused the PTI government for giving an "NRO" to the Indian spy through the ordinance, and blocked the move to lay it before the House after a strong protest.
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ISLAMABAD: Rejecting the explanation offered by Law Minister Farogh Naseem in the National Assembly over the Kulbhushan Jadhav-specific ordinance, Pakistan Peoples Party (PPP) chairman Bilawal Bhutto-Zardari on Saturday challenged the government to get the law passed without the support and cooperation of the opposition.
Speaking at a news conference at the second anniversary of the July 25, 2018 general elections that brought the Pakistan Tehreek-i-Insaf (PTI) to power, the PPP chairman said after seeing the two-year performance of the government, the people of all the provinces of Pakistan were now on one page that the “selected prime minister must go”.
Mr Bhutto-Zardari alleged that Prime Minister Imran Khan had offered “NRO” (National Reconci*liation Ordinance) to every kind of thief from sugar to wheat and from oil to Indian spy Kulbhushan Jadhav.
“The person who was supposed to become our ambassador for Kashmir has become a lawyer of Kulbhushan Jadhav,” the PPP chairman stated.
Law Minister Farogh Naseem while speaking in the National Assembly on Friday defended the promulgation of the ICJ Review and Reconsideration Ordinance 2020 and stated that the ordinance was needed to follow the ICJ verdict as well as demolish India’s plan to move the United Nations Security Council (UNSC) against Pakistan.
Challenges govt to get it passed without opposition’s support
Earlier on Thursday, the opposition had forcefully opposed the government’s move to lay the ordinance, terming it “intolerable, unacceptable and against the national prestige” and equated it with the “NRO” which was issued by former military dictator Gen Pervez Musharraf as part of a deal with the PPP in 2007 to end cases against politicians.
The law minister, however, denied that the ordinance was similar to the NRO as it had not pardoned Kulbhushan’s sentence.
Responding to an allegation that the government did not inform the opposition or parliament before promulgating the ordinance, the law minister had said there was no such provision in the Constitution.
Mr Bhutto-Zardari at his news conference called Law Minister Farogh Naseem as “today’s Sharifuddin Pirzada”, a lawyer who was known to have pleaded the cases of military dictators in the past.
“Our new Sharifuddin Pirzada says that he is working according to International Court of Justice (ICJ) so why the government issued the ordinance secretly? Why the government is approaching the Islamabad High Court in support of Kulbhushan Jadhav?” he asked.
Ridiculing the law minister’s statement that the government did not need to talk to the opposition before issuing any ordinance, Mr Bhutto-Zardari challenged the government to get the bill passed without the support of the opposition.
According to the constitution, the PPP chairman said any ordinance should be brought to parliament as soon as possible. However, he regretted that the government did not lay the ordinance before National Assembly or the Senate despite the fact that the two houses had remained in session throughout the month of June after promulgation of the ordinance on May 22.
Mr Bhutto-Zardari termed it a violation of the constitution as well as the Supreme Court’s ruling which stated that no person-specific legislation could be done.
Mr Bhutto-Zardari recalled that in the past, the apex court had nullified a law that had been passed by the parliament, terming it person-specific. He said the name of Kulbhushan Jadhav was mentioned in this ordinance which made it person-specific.
The PPP chairman alleged that the government wanted to provide relief to Jadhav and India through this secret ordinance as they could take benefit of it within 60 days. However, he said, neither the Indian government nor Jadhav took any benefit from this. He said the PPP had never compromised on national interests, human rights and international laws. This government, he said, did not contact the opposition because “this is an apolitical and puppet government.”
Election anniversary
On the completion of two years of the July 2018 elections, Mr Bhutto-Zardari said had there been no Covid-19 pandemic in the country, all the parties would have been on roads today.
Terming it a black day in the history, the PPP chairman said they all remembered how this “selection” was made. He said the whole nation had to wait for the results for three days. He declared that even these results had no “legal standings”.
Mr Bhutto-Zardari stated that Imran Khan had been brought to power on the slogan of corruption-free Pakistan and he was to end the corruption in 90 days. “Ask Transparency International which is saying that corruption in the PTI government is unprecedented and this is the most corrupt government in this history of Pakistan,” he said.
Moreover, the PPP chairman said Imran Khan had declared that he would not give NRO to anyone but he introduced the biggest amnesty for corrupt people.
There is corruption in every project like BRT, Malam Jabba, and Billion Tree Tsunami. There is a clear case against the ministers and advisers who had declared their assets recently and a case of assets beyond means could easily be initiated against them. He said the government turned every crisis into a catastrophe and it had not fulfilled a single promise made in its manifesto.
https://www.dawn.com/news/1571173/bilawal-rejects-govt-explanation-over-jadhav-specific-law
Speaking at a news conference at the second anniversary of the July 25, 2018 general elections that brought the Pakistan Tehreek-i-Insaf (PTI) to power, the PPP chairman said after seeing the two-year performance of the government, the people of all the provinces of Pakistan were now on one page that the “selected prime minister must go”.
Mr Bhutto-Zardari alleged that Prime Minister Imran Khan had offered “NRO” (National Reconci*liation Ordinance) to every kind of thief from sugar to wheat and from oil to Indian spy Kulbhushan Jadhav.
“The person who was supposed to become our ambassador for Kashmir has become a lawyer of Kulbhushan Jadhav,” the PPP chairman stated.
Law Minister Farogh Naseem while speaking in the National Assembly on Friday defended the promulgation of the ICJ Review and Reconsideration Ordinance 2020 and stated that the ordinance was needed to follow the ICJ verdict as well as demolish India’s plan to move the United Nations Security Council (UNSC) against Pakistan.
Challenges govt to get it passed without opposition’s support
Earlier on Thursday, the opposition had forcefully opposed the government’s move to lay the ordinance, terming it “intolerable, unacceptable and against the national prestige” and equated it with the “NRO” which was issued by former military dictator Gen Pervez Musharraf as part of a deal with the PPP in 2007 to end cases against politicians.
The law minister, however, denied that the ordinance was similar to the NRO as it had not pardoned Kulbhushan’s sentence.
Responding to an allegation that the government did not inform the opposition or parliament before promulgating the ordinance, the law minister had said there was no such provision in the Constitution.
Mr Bhutto-Zardari at his news conference called Law Minister Farogh Naseem as “today’s Sharifuddin Pirzada”, a lawyer who was known to have pleaded the cases of military dictators in the past.
“Our new Sharifuddin Pirzada says that he is working according to International Court of Justice (ICJ) so why the government issued the ordinance secretly? Why the government is approaching the Islamabad High Court in support of Kulbhushan Jadhav?” he asked.
Ridiculing the law minister’s statement that the government did not need to talk to the opposition before issuing any ordinance, Mr Bhutto-Zardari challenged the government to get the bill passed without the support of the opposition.
According to the constitution, the PPP chairman said any ordinance should be brought to parliament as soon as possible. However, he regretted that the government did not lay the ordinance before National Assembly or the Senate despite the fact that the two houses had remained in session throughout the month of June after promulgation of the ordinance on May 22.
Mr Bhutto-Zardari termed it a violation of the constitution as well as the Supreme Court’s ruling which stated that no person-specific legislation could be done.
Mr Bhutto-Zardari recalled that in the past, the apex court had nullified a law that had been passed by the parliament, terming it person-specific. He said the name of Kulbhushan Jadhav was mentioned in this ordinance which made it person-specific.
The PPP chairman alleged that the government wanted to provide relief to Jadhav and India through this secret ordinance as they could take benefit of it within 60 days. However, he said, neither the Indian government nor Jadhav took any benefit from this. He said the PPP had never compromised on national interests, human rights and international laws. This government, he said, did not contact the opposition because “this is an apolitical and puppet government.”
Election anniversary
On the completion of two years of the July 2018 elections, Mr Bhutto-Zardari said had there been no Covid-19 pandemic in the country, all the parties would have been on roads today.
Terming it a black day in the history, the PPP chairman said they all remembered how this “selection” was made. He said the whole nation had to wait for the results for three days. He declared that even these results had no “legal standings”.
Mr Bhutto-Zardari stated that Imran Khan had been brought to power on the slogan of corruption-free Pakistan and he was to end the corruption in 90 days. “Ask Transparency International which is saying that corruption in the PTI government is unprecedented and this is the most corrupt government in this history of Pakistan,” he said.
Moreover, the PPP chairman said Imran Khan had declared that he would not give NRO to anyone but he introduced the biggest amnesty for corrupt people.
There is corruption in every project like BRT, Malam Jabba, and Billion Tree Tsunami. There is a clear case against the ministers and advisers who had declared their assets recently and a case of assets beyond means could easily be initiated against them. He said the government turned every crisis into a catastrophe and it had not fulfilled a single promise made in its manifesto.
https://www.dawn.com/news/1571173/bilawal-rejects-govt-explanation-over-jadhav-specific-law
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ISLAMABAD: The government finally laid before the National Assembly on Monday the controversial ordinance aimed at allowing Indian spy Kulbhushan Jadhav to have consular access in line with the International Court of Justice (ICJ) amid mysterious silence of the opposition which had previously prevented it from doing so through a strong protest and boycott of the proceedings.
The ICJ (Review and Reconsideration) Ordinance 2020, which had been promulgated by the government in May, was among the five ordinances laid before the house by Adviser to the Prime Minister on Parliamentary Affairs Babar Awan as no one from the opposition benches made any objection to it.
However, minutes before adjournment of the sitting till Tuesday evening, Shahida Akhtar Ali of the Jamiat Ulema-i-Islam-Fazl (JUI-F) talked about the controversial ordinance and criticised the government for facilitating the Indian spy weeks before the first anniversary of the forceful annexation of occupied Jammu and Kashmir by India on Aug 5.
Pakistan Peoples Party (PPP) chairman Bilawal Bhutto-Zardari, who had forcefully opposed the government’s move to lay the ordinance before the assembly last week and even announced the boycott of the proceedings on Thursday to block the laying of the ordinance, entered the house when the adviser had already laid all the five ordinances on the agenda.
The PPP chairman immediately got the floor, but he only talked about the other bills on the agenda.
PTI, PPP lawmakers from Karachi clash over civic issues
Mr Bhutto-Zardari, who had said on Thursday that the opposition’s conscience did not allow them to let the session continue with the ordinance on its agenda, only requested Speaker Asad Qaiser to defer the legislative business and bring these bills to the house with a consensus.
The PPP chairman said the opposition was ready to cooperate with the government on the legislations needed to fulfil the conditions of the Financial Action Task Force (FATF) against terrorism and regarding the National Action Plan, but since the speaker had already constituted a special committee, the bills should only be introduced after developing a consensus.
But the speaker overruled his objection, saying that introduction of the bills was a requirement under rules after which these bills would definitely go to the committees concerned for discussion.
Later, Babar Awan introduced eight bills, including the Control of Narcotic Substances (Amendment) Bill 2020, the Companies (Amendment) Bill 2020, the Anti-Money Laundering (Second Amendment) Bill 2020 and the Anti-Terrorism (Amendment) Bill 2020. Besides laying the Jadhav-specific ordinance, he also laid the Companies (Amendment) Ordinance 2020, the Corporate Restructuring Companies (Amendment) Ordinance 2020, the Companies (Second Amendment) Ordinance 2020 and the Public Private Partnership Authority (Amendment) Ordinance 2020 before the National Assembly.
While opposing the ICJ (Review and Reconsideration) Ordinance, the opposition had questioned the government’s move to “facilitate” a “declared terrorist” — who was caught from Balochistan in 2016 and then convicted by a military court in April 2017 after his confession — and equated the new ordinance with the “NRO” (National Reconciliation Ordinance) issued by former military dictator Gen Pervez Musharraf as part of a deal with the PPP in 2007 to end cases against politicians.
Mr Bhutto-Zardari had also rejected the explanation later given by Law Minister Farogh Naseem in the assembly and addressing a news conference he had challenged the government to get the law passed from parliament without the opposition’s support.
Karachi issues
The house once again witnessed a heated exchange of arguments between the lawmakers from Karachi belonging to the Pakistan Tehreek-i-Insaf (PTI) and the PPP, which is ruling Sindh, over alleged mismanagement by the city managers, which was exposed after Sunday’s heavy rain in the city.
“Yesterday when the people of Karachi were drowning, these people [PPP leaders] were cutting cakes,” said PTI’s Faheem Khan, referring to the celebration by the PPP of the birthday of former president Asif Ali Zardari. He alleged that there were 12,000 ghost employees in the Karachi Water and Sewerage Board who were recruited on political basis.
Another PTI MNA from the city Aftab Siddiqui said Karachi had not suffered such a loss last year when it had received 163 millimetres of rain, but the Sunday’s average 28mm rain had ruined the city. He claimed that last year the city was saved because of the campaign to clean nullahs by Ports and Shipping Minister Ali Zaidi with PTI volunteers.
“Karachi is being made Mohenjo Daro …. the city is being destroyed under a pre-planned scheme. Because when Karachi will be destroyed, the country’s economy will be destroyed and then the whole country will face paralysis,” Mr Siddiqui alleged.
PPP’s Agha Rafiullah said the PTI people talked about Karachi only for “political point-scoring” as they had done nothing for the city over the last two years. He said Karachi was facing these issues over the years as Sindh had always been treated as a colony. He blamed the cantonment boards for the accumulation of rainwater on roads which, he said, had established their hegemony in the city.
Earlier, the house had seen a heated debate between Communications Minister Murad Saeed and PML-N’s Ahsan Iqbal when both claimed credit for various China-Pakistan Economic Corridor (CPEC) projects, including Chitral-Dir-Chakdara Road.
Mr Iqbal challenged the minister’s claim that work on the western route of CPEC had been initiated by the PTI government. He also refuted the allegations of corruption in the Sukkur-Multan Motorway project.
The minister repeated the allegations and challenged Mr Iqbal, who had served as the planning and development minister in the previous PML-N government, to take him to the Supreme Court.
Mr Iqbal, however, suggested that the matter be referred to the parliamentary committee on CPEC to determine whether the project of Chitral-Dir-Chakdara Road was included in the CPEC during tenure of the PTI or the PML-N government.
https://www.dawn.com/news/1571542/jadhav-specific-law-laid-in-na-amid-opposition-silence
The ICJ (Review and Reconsideration) Ordinance 2020, which had been promulgated by the government in May, was among the five ordinances laid before the house by Adviser to the Prime Minister on Parliamentary Affairs Babar Awan as no one from the opposition benches made any objection to it.
However, minutes before adjournment of the sitting till Tuesday evening, Shahida Akhtar Ali of the Jamiat Ulema-i-Islam-Fazl (JUI-F) talked about the controversial ordinance and criticised the government for facilitating the Indian spy weeks before the first anniversary of the forceful annexation of occupied Jammu and Kashmir by India on Aug 5.
Pakistan Peoples Party (PPP) chairman Bilawal Bhutto-Zardari, who had forcefully opposed the government’s move to lay the ordinance before the assembly last week and even announced the boycott of the proceedings on Thursday to block the laying of the ordinance, entered the house when the adviser had already laid all the five ordinances on the agenda.
The PPP chairman immediately got the floor, but he only talked about the other bills on the agenda.
PTI, PPP lawmakers from Karachi clash over civic issues
Mr Bhutto-Zardari, who had said on Thursday that the opposition’s conscience did not allow them to let the session continue with the ordinance on its agenda, only requested Speaker Asad Qaiser to defer the legislative business and bring these bills to the house with a consensus.
The PPP chairman said the opposition was ready to cooperate with the government on the legislations needed to fulfil the conditions of the Financial Action Task Force (FATF) against terrorism and regarding the National Action Plan, but since the speaker had already constituted a special committee, the bills should only be introduced after developing a consensus.
But the speaker overruled his objection, saying that introduction of the bills was a requirement under rules after which these bills would definitely go to the committees concerned for discussion.
Later, Babar Awan introduced eight bills, including the Control of Narcotic Substances (Amendment) Bill 2020, the Companies (Amendment) Bill 2020, the Anti-Money Laundering (Second Amendment) Bill 2020 and the Anti-Terrorism (Amendment) Bill 2020. Besides laying the Jadhav-specific ordinance, he also laid the Companies (Amendment) Ordinance 2020, the Corporate Restructuring Companies (Amendment) Ordinance 2020, the Companies (Second Amendment) Ordinance 2020 and the Public Private Partnership Authority (Amendment) Ordinance 2020 before the National Assembly.
While opposing the ICJ (Review and Reconsideration) Ordinance, the opposition had questioned the government’s move to “facilitate” a “declared terrorist” — who was caught from Balochistan in 2016 and then convicted by a military court in April 2017 after his confession — and equated the new ordinance with the “NRO” (National Reconciliation Ordinance) issued by former military dictator Gen Pervez Musharraf as part of a deal with the PPP in 2007 to end cases against politicians.
Mr Bhutto-Zardari had also rejected the explanation later given by Law Minister Farogh Naseem in the assembly and addressing a news conference he had challenged the government to get the law passed from parliament without the opposition’s support.
Karachi issues
The house once again witnessed a heated exchange of arguments between the lawmakers from Karachi belonging to the Pakistan Tehreek-i-Insaf (PTI) and the PPP, which is ruling Sindh, over alleged mismanagement by the city managers, which was exposed after Sunday’s heavy rain in the city.
“Yesterday when the people of Karachi were drowning, these people [PPP leaders] were cutting cakes,” said PTI’s Faheem Khan, referring to the celebration by the PPP of the birthday of former president Asif Ali Zardari. He alleged that there were 12,000 ghost employees in the Karachi Water and Sewerage Board who were recruited on political basis.
Another PTI MNA from the city Aftab Siddiqui said Karachi had not suffered such a loss last year when it had received 163 millimetres of rain, but the Sunday’s average 28mm rain had ruined the city. He claimed that last year the city was saved because of the campaign to clean nullahs by Ports and Shipping Minister Ali Zaidi with PTI volunteers.
“Karachi is being made Mohenjo Daro …. the city is being destroyed under a pre-planned scheme. Because when Karachi will be destroyed, the country’s economy will be destroyed and then the whole country will face paralysis,” Mr Siddiqui alleged.
PPP’s Agha Rafiullah said the PTI people talked about Karachi only for “political point-scoring” as they had done nothing for the city over the last two years. He said Karachi was facing these issues over the years as Sindh had always been treated as a colony. He blamed the cantonment boards for the accumulation of rainwater on roads which, he said, had established their hegemony in the city.
Earlier, the house had seen a heated debate between Communications Minister Murad Saeed and PML-N’s Ahsan Iqbal when both claimed credit for various China-Pakistan Economic Corridor (CPEC) projects, including Chitral-Dir-Chakdara Road.
Mr Iqbal challenged the minister’s claim that work on the western route of CPEC had been initiated by the PTI government. He also refuted the allegations of corruption in the Sukkur-Multan Motorway project.
The minister repeated the allegations and challenged Mr Iqbal, who had served as the planning and development minister in the previous PML-N government, to take him to the Supreme Court.
Mr Iqbal, however, suggested that the matter be referred to the parliamentary committee on CPEC to determine whether the project of Chitral-Dir-Chakdara Road was included in the CPEC during tenure of the PTI or the PML-N government.
https://www.dawn.com/news/1571542/jadhav-specific-law-laid-in-na-amid-opposition-silence
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The Islamabad high court has formed a special bench to hear the case of former Indian navy commander Kulbushan Jadhav from next week, Geo News reported on Thursday. Jadhav, a former Indian navy commander, has been sentenced to death for alleged involvement in a spying case
Islamabad high court chief justice Athar Minallah will be heading the bench. A lawyer will also be appointed for Jadhav on Monday.
Earlier this week, the Pakistan government presented the International Court of Justice (Review and Reconsideration) Ordinance, 2020, in Parliament for approval. This legislation will pave the way for Jadhav to appeal his death sentence handed to him by a military court in 2017.
The ordinance will have an overriding effect as its provisions shall have effect notwithstanding anything to the contrary contained in any law for the time being in force, including the Pakistan Army Act 1952.
On July 22, the Pakistan government had approached the Islamabad high court to appoint a legal representative for the Indian spy.
The move was made in the light of the International Court of Justice’s July 17, 2019 decision, following which the International Court of Justice (Review and Reconsideration) Ordinance, 2020 was enacted to implement the court’s verdict.
According to the government’s petition, Jadhav refused to file a petition against his sentence. Jadhav cannot appoint a lawyer in Pakistan without India’s assistance. The petition claimed that New Delhi is also reluctant to avail the facility under the ordinance.
The government, in the petition, has asked 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.
On July 17, Pakistan had offered Jadhav consular access for a third time, after the second opportunity was not “fully availed”.
Last week, India had accused Pakistan of blocking all avenues for an effective review of Jadhav’s case and said it reserved its rights to avail of further remedies.
The external affairs ministry had accused Islamabad of systematically blocking access to the former naval officer, not providing documents related to his case and violating the International Court of Justice’s (ICJ) order for a review of his conviction.
https://www.hindustantimes.com/indi...jadhav-case/story-8QGm3udJ88IZibOTtYnAcP.html
Islamabad high court chief justice Athar Minallah will be heading the bench. A lawyer will also be appointed for Jadhav on Monday.
Earlier this week, the Pakistan government presented the International Court of Justice (Review and Reconsideration) Ordinance, 2020, in Parliament for approval. This legislation will pave the way for Jadhav to appeal his death sentence handed to him by a military court in 2017.
The ordinance will have an overriding effect as its provisions shall have effect notwithstanding anything to the contrary contained in any law for the time being in force, including the Pakistan Army Act 1952.
On July 22, the Pakistan government had approached the Islamabad high court to appoint a legal representative for the Indian spy.
The move was made in the light of the International Court of Justice’s July 17, 2019 decision, following which the International Court of Justice (Review and Reconsideration) Ordinance, 2020 was enacted to implement the court’s verdict.
According to the government’s petition, Jadhav refused to file a petition against his sentence. Jadhav cannot appoint a lawyer in Pakistan without India’s assistance. The petition claimed that New Delhi is also reluctant to avail the facility under the ordinance.
The government, in the petition, has asked 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.
On July 17, Pakistan had offered Jadhav consular access for a third time, after the second opportunity was not “fully availed”.
Last week, India had accused Pakistan of blocking all avenues for an effective review of Jadhav’s case and said it reserved its rights to avail of further remedies.
The external affairs ministry had accused Islamabad of systematically blocking access to the former naval officer, not providing documents related to his case and violating the International Court of Justice’s (ICJ) order for a review of his conviction.
https://www.hindustantimes.com/indi...jadhav-case/story-8QGm3udJ88IZibOTtYnAcP.html
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ISLAMABAD: The Islam*abad High Court (IHC) on Monday appointed leading lawyers as amici curiae in Indian spy Kulbhushan Jad*hav case and asked Attorney General for Pakistan Khalid Jawed Khan to once again seek response from the Indian government and the spy regarding appointment of counsel for his defence.
The IHC division bench comprising Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb warned against issuing unnecessary statements in this case as the court observed “everyone must keep in mind right to fair trial while issuing statement related to Jadhav”.
“We appoint Mr Abid Hassan Manto, Mr Hamid Khan, Senior Advocates of the Supreme Court and former presidents of the Sup*reme Court Bar Association, and Mr Makhdoom Ali Khan, Senior Advocate Sup*reme Court and former Att*orney General of Pakistan, as amici curiae for our legal assistance in general and, in particular, to ensure that the judgement of the Inter*national Court is effectively implemented,” the court order said.
AG Khan gave an undertaking that his office would issue advice to the government in this regard. He said the government had committed for his fair trial despite the fact that Jadhav had confessed to and convicted of committing heinous crimes of espionage and terrorism in Pakistan.
Court asks govt to again approach New Delhi, Jadhav for appointment of defence counsel
“Jadhav is taken care of, he is in good health,” the attorney general said.
He said that in compliance with the stay order issued by the International Court of Justice (ICJ), the government did not execute the convict. The stay order would remain intact till the time a petition from or on behalf of Jadhav was filed before the IHC, he added.
In response to the court query as to why the government did not file a petition under Article 199 of the Constitution and promulgated Jadhav-specific ordinance, the attorney general clarified that the ICJ had not set aside the verdict of the Field General Court Martial (FGCM) or the military’s appellate court and read out the relevant paragraph of the ICJ’s decision that highlighted non-compliance with Article 36 of the Vienna Convention that defines a framework for consular relations between sovereign states.
He said the ordinance did not enable the Indian spy to challenge his conviction but allowed him to file “review and reconsideration” app*eal to examine observance of Article 36.
According to the attorney general, Indian Navy commander Jadhav entered Pak*istan on March 3, 2016, and was arrested by the Pakistani authorities during a counter-intelligence ope*ration in Mashkel, Balochistan.
He said Jadhav confessed to his association with the Indian intelligence agency, Research and Analysis Wing (RAW), and involvement in espionage and terror activities in different parts of Balochistan and Sindh and was awarded death sentence by a military court in April 2017.
AG Khan said the mercy petition of the spy was pending before the Chief of Army Staff and not yet decided since the ICJ had issued a stay order against the spy’s conviction. He said an appeal filed by Jadhav’s mother was also pending with the federal government.
According to the attorney general, the Pakistani government in compliance with the ICJ’s order was once again ready to provide consular access to Jadhav. He said the first consular access to the convict was given on September 2, 2019, second on June 16, 2020 and the third time the government arranged it for July 18, but the Indian High Commission did not avail the third access citing ‘flimsy’ reasons.
The ICJ reaffirmed that “it is a principle of international law . . . that any bre*ach of an engagement invol*ves an obligation to make reparation” and that “reparation must, as far as possible, wipe out all the consequences of the illegal act”.
The ICJ considered the appropriate remedy in this case to be effective review and reconsideration of the conviction and sentence of Jadhav. As per the court order, “the review and reconsideration of the conviction and sentence of Mr Jadhav, in order to be effective, must ensure that full weight is given to the effect of the violation of the rights set forth in Article 36, paragraph 1, of the Convention and guarantee that the violation and the possible prejudice caused by the violation are fully examined”.
The court noted that the High Courts of Pakistan could exercise review jurisdiction, however, it was not clear whether judicial review of a decision of a military court was available on the ground that there had been a violation of the rights set forth in Article 36, paragraph 1, of the Vienna Convention. “In this regard, the court takes full cognizance of the representations made by Pakistan. During the oral proceedings, the Agent of Pakistan declared that the Constitution of Pakistan guarantees, as a fundamental right, the right to a fair trial; that the right to a fair trial is “absolute” and “cannot be taken away”; and that all trials are conducted accordingly and, if not, “the process of judicial review is always available”. The counsel for Pakistan assured the ICJ that the high courts exercise “effective review jurisdiction”, giving the Peshawar High Court decision in 2018 as an example.
The IHC observed that by giving a statutory right to a foreign national, in this case Commander Jadhav, to seek the review and reconsideration of the conviction and sentence handed down by a military court, the concerns recorded by the international court in relation to the limited scope of judicial review under Article 199 of the Constitution of the Islamic Republic of Pakistan had been attended to. The wide scope of the right of review and reconsideration and its effectiveness as a statutory remedy in the context of the judgment of the international court appeared to be obvious from the expressions used in Section 3 of the Ordinance of 2020, the court noted.
AG Khan said Commander Jadhav and the Indian government were informed regarding the promulgation of the Ordinance of 2020 but they did not show willingness to avail the statutory remedy, which had been specifically made available to fulfil the requirements set forth by the ICJ in its order.
He said the Indian government had claimed that it had engaged a counsel, Shahnawaz Noon, but the latter was not given a power of attorney so that necessary documents could be handed over to him. It was averred that since the time prescribed for availing the statutory remedy was about to expire, the petition was filed in order to give effect to the ICJ judgement.
The IHC bench observed: “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 Commander 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 then directed the federal government to “once again inform Commander Jadhav regarding his rights under Article 36 of the Convention and the judgement of the International Court will also be brought to his attention. He shall be specifically informed regarding his right to avail the statutory remedy provided under the Ordinance of 2020 and to authorize the Government of India to arrange legal representation on his behalf…The Government of Pakistan shall communicate this order to the Government of India. Subject to the applicable laws, the latter shall be at liberty to make appropriate arrangements on behalf of Commander Jadhav in the context of the [Vienna] Convention.”
https://www.dawn.com/news/1572428/three-top-lawyers-to-assist-ihc-in-indian-spy-case
The IHC division bench comprising Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb warned against issuing unnecessary statements in this case as the court observed “everyone must keep in mind right to fair trial while issuing statement related to Jadhav”.
“We appoint Mr Abid Hassan Manto, Mr Hamid Khan, Senior Advocates of the Supreme Court and former presidents of the Sup*reme Court Bar Association, and Mr Makhdoom Ali Khan, Senior Advocate Sup*reme Court and former Att*orney General of Pakistan, as amici curiae for our legal assistance in general and, in particular, to ensure that the judgement of the Inter*national Court is effectively implemented,” the court order said.
AG Khan gave an undertaking that his office would issue advice to the government in this regard. He said the government had committed for his fair trial despite the fact that Jadhav had confessed to and convicted of committing heinous crimes of espionage and terrorism in Pakistan.
Court asks govt to again approach New Delhi, Jadhav for appointment of defence counsel
“Jadhav is taken care of, he is in good health,” the attorney general said.
He said that in compliance with the stay order issued by the International Court of Justice (ICJ), the government did not execute the convict. The stay order would remain intact till the time a petition from or on behalf of Jadhav was filed before the IHC, he added.
In response to the court query as to why the government did not file a petition under Article 199 of the Constitution and promulgated Jadhav-specific ordinance, the attorney general clarified that the ICJ had not set aside the verdict of the Field General Court Martial (FGCM) or the military’s appellate court and read out the relevant paragraph of the ICJ’s decision that highlighted non-compliance with Article 36 of the Vienna Convention that defines a framework for consular relations between sovereign states.
He said the ordinance did not enable the Indian spy to challenge his conviction but allowed him to file “review and reconsideration” app*eal to examine observance of Article 36.
According to the attorney general, Indian Navy commander Jadhav entered Pak*istan on March 3, 2016, and was arrested by the Pakistani authorities during a counter-intelligence ope*ration in Mashkel, Balochistan.
He said Jadhav confessed to his association with the Indian intelligence agency, Research and Analysis Wing (RAW), and involvement in espionage and terror activities in different parts of Balochistan and Sindh and was awarded death sentence by a military court in April 2017.
AG Khan said the mercy petition of the spy was pending before the Chief of Army Staff and not yet decided since the ICJ had issued a stay order against the spy’s conviction. He said an appeal filed by Jadhav’s mother was also pending with the federal government.
According to the attorney general, the Pakistani government in compliance with the ICJ’s order was once again ready to provide consular access to Jadhav. He said the first consular access to the convict was given on September 2, 2019, second on June 16, 2020 and the third time the government arranged it for July 18, but the Indian High Commission did not avail the third access citing ‘flimsy’ reasons.
The ICJ reaffirmed that “it is a principle of international law . . . that any bre*ach of an engagement invol*ves an obligation to make reparation” and that “reparation must, as far as possible, wipe out all the consequences of the illegal act”.
The ICJ considered the appropriate remedy in this case to be effective review and reconsideration of the conviction and sentence of Jadhav. As per the court order, “the review and reconsideration of the conviction and sentence of Mr Jadhav, in order to be effective, must ensure that full weight is given to the effect of the violation of the rights set forth in Article 36, paragraph 1, of the Convention and guarantee that the violation and the possible prejudice caused by the violation are fully examined”.
The court noted that the High Courts of Pakistan could exercise review jurisdiction, however, it was not clear whether judicial review of a decision of a military court was available on the ground that there had been a violation of the rights set forth in Article 36, paragraph 1, of the Vienna Convention. “In this regard, the court takes full cognizance of the representations made by Pakistan. During the oral proceedings, the Agent of Pakistan declared that the Constitution of Pakistan guarantees, as a fundamental right, the right to a fair trial; that the right to a fair trial is “absolute” and “cannot be taken away”; and that all trials are conducted accordingly and, if not, “the process of judicial review is always available”. The counsel for Pakistan assured the ICJ that the high courts exercise “effective review jurisdiction”, giving the Peshawar High Court decision in 2018 as an example.
The IHC observed that by giving a statutory right to a foreign national, in this case Commander Jadhav, to seek the review and reconsideration of the conviction and sentence handed down by a military court, the concerns recorded by the international court in relation to the limited scope of judicial review under Article 199 of the Constitution of the Islamic Republic of Pakistan had been attended to. The wide scope of the right of review and reconsideration and its effectiveness as a statutory remedy in the context of the judgment of the international court appeared to be obvious from the expressions used in Section 3 of the Ordinance of 2020, the court noted.
AG Khan said Commander Jadhav and the Indian government were informed regarding the promulgation of the Ordinance of 2020 but they did not show willingness to avail the statutory remedy, which had been specifically made available to fulfil the requirements set forth by the ICJ in its order.
He said the Indian government had claimed that it had engaged a counsel, Shahnawaz Noon, but the latter was not given a power of attorney so that necessary documents could be handed over to him. It was averred that since the time prescribed for availing the statutory remedy was about to expire, the petition was filed in order to give effect to the ICJ judgement.
The IHC bench observed: “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 Commander 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 then directed the federal government to “once again inform Commander Jadhav regarding his rights under Article 36 of the Convention and the judgement of the International Court will also be brought to his attention. He shall be specifically informed regarding his right to avail the statutory remedy provided under the Ordinance of 2020 and to authorize the Government of India to arrange legal representation on his behalf…The Government of Pakistan shall communicate this order to the Government of India. Subject to the applicable laws, the latter shall be at liberty to make appropriate arrangements on behalf of Commander Jadhav in the context of the [Vienna] Convention.”
https://www.dawn.com/news/1572428/three-top-lawyers-to-assist-ihc-in-indian-spy-case
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NEW DELHI: India on Thursday called for having an Indian lawyer to represent Kulbhushan Jadhav in a Pakistani court when it takes up his review petition against his death sentence, Press Trust of India said on Thursday.
Jadhav was convicted on charges of espionage and terrorism and sentenced to death by a military court.
The Indian news agency quoted External Affairs Ministry spokesperson Anurag Srivastava as saying India is in touch with Pakistan through diplomatic channels on the issue.
“For a free and fair trial in keeping with the letter and spirit of ICJ (International Court of Justice) judgement, we have asked for Jadhav to be represented by an Indian lawyer.
External Affairs Ministry spokesperson says India is in touch with Pakistan through diplomatic channels on the issue
“However, Pakistan has to first address the core issues — giving copies of relevant documents of the case and providing unimpeded consular access to Jadhav,” he said.
Srivastava was responding to a question on the issue at an online media briefing, PTI said.
India has been demanding “unimpeded” consular access to Jadhav, saying this was mandated by the ICJ.
Recently, the Islamabad High Court named three senior lawyers as amici curiae in Jadhav’s case and ordered the Pakistan government to give “another chance” to India to appoint a counsel for the death-row prisoner.
In 2017, India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.
The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay, PTI said.
https://www.dawn.com/news/1575569/delhi-wants-indian-lawyer-to-represent-jadhav-in-review-plea
Jadhav was convicted on charges of espionage and terrorism and sentenced to death by a military court.
The Indian news agency quoted External Affairs Ministry spokesperson Anurag Srivastava as saying India is in touch with Pakistan through diplomatic channels on the issue.
“For a free and fair trial in keeping with the letter and spirit of ICJ (International Court of Justice) judgement, we have asked for Jadhav to be represented by an Indian lawyer.
External Affairs Ministry spokesperson says India is in touch with Pakistan through diplomatic channels on the issue
“However, Pakistan has to first address the core issues — giving copies of relevant documents of the case and providing unimpeded consular access to Jadhav,” he said.
Srivastava was responding to a question on the issue at an online media briefing, PTI said.
India has been demanding “unimpeded” consular access to Jadhav, saying this was mandated by the ICJ.
Recently, the Islamabad High Court named three senior lawyers as amici curiae in Jadhav’s case and ordered the Pakistan government to give “another chance” to India to appoint a counsel for the death-row prisoner.
In 2017, India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.
The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay, PTI said.
https://www.dawn.com/news/1575569/delhi-wants-indian-lawyer-to-represent-jadhav-in-review-plea
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ISLAMABAD: The Foreign Office on Thursday accused India of blocking the implementation of International Court of Justice’s verdict in spy Kulbhushan Jadhav’s case by not cooperating in the legal proceedings in the Islamabad High Court.
“Our understanding is that India is making every possible effort to frustrate Pakistan’s efforts for implementation of the ICJ judgment and use Kulbhushan Jadhav’s case as a propaganda tool against Pakistan,” Foreign Office spokesman Zahid Hafeez Chaudhri said at the weekly media briefing.
Jadhav, who was arrested in 2016 in Balochistan, was sentenced to death by a military court in 2017 after being convicted of espionage.
The Pakistan government had on June 17, after the enactment of ‘the International Court of Justice (Review and Reconsideration) Ordinance, 2020’ invited Jadhav to file for a review and reconsideration of his conviction and sentencing by military court on charges of espionage. The spy and the Indian High Commission were asked to arrange a legal representation for him.
The special legislation allowed foreigners, their authorised representatives or consular officials of the mission of their country, to seek a review by the High Court of conviction and sentences awarded by military court in instances in which ICJ has ruled about their rights under Vienna Convention on Consular Relations of 1963 or they feel that they had been deprived of their rights under the Convention.
The Indian High Commission was also provided a second consular access to him in July for discussing the case. The consular officials, who came for the meeting abruptly walked off, protesting over the presence of a security guard in the room. A third opportunity was offered, but India has not availed it as yet.
The move to offer review and reconsideration of the case was made to implement last year’s ICJ verdict, which asked Pakistan to allow Indian consular officers’ access to him, and arrange effective review and reconsideration of the conviction and sentence of Jadhav.
“To give effect to the ICJ judgment, the Government of Pakistan has itself approached the Islamabad High Court,” the spokesman said.
India now wants Pakistan to allow an Indian lawyer to represent Jadhav in the review proceedings in Islamabad High Court.
“The Indian side has been making incongruous demand of allowing Indian lawyer to represent Commander Jadhav. We have repeatedly told them only those lawyers can represent Commander Jadhav in the court who have a licence to practice law in Pakistan,” the spokesman said.
“This is in accordance with the legal practice in other jurisdictions also. The Indian Supreme Court, in one of its judgments, has also ruled that foreign lawyers cannot practice law within the country,” he added.
The next hearing in the case is on September 3.
Mr Chaudhri asked India to cooperate with Pakistan in implementing the ICJ judgement.
Responding to a question on Kashmir, the spokesman said Pakistan wants reversal of the illegal and unilateral actions of August 5, 2019; immediate lifting of the military siege and restrictions imposed on the Kashmiri people; release of all prisoners, especially the political prisoners; revocation of the draconian laws including Armed Forces Special Powers Act (AFSPA), Public Safety Act (PSA) and Unlawful Activities Prevention Act (UAPA); all domiciles issued post-Aug 5, 2019 be declared null and void; unfettered access to UNMOGIP in the IIOJK be given as per its UN mandate; permission for human rights observers, humanitarian organisations and international media to visit IIOJK; and allowing the people of Jammu and Kashmir to exercise their inalienable right to self-determination as enshrined in the relevant UNSC resolutions.
He said Pakistan’s position on Kashmir has been consistent.
https://www.dawn.com/news/1576779/fo-blames-india-for-obstructing-icj-verdict-implementation
“Our understanding is that India is making every possible effort to frustrate Pakistan’s efforts for implementation of the ICJ judgment and use Kulbhushan Jadhav’s case as a propaganda tool against Pakistan,” Foreign Office spokesman Zahid Hafeez Chaudhri said at the weekly media briefing.
Jadhav, who was arrested in 2016 in Balochistan, was sentenced to death by a military court in 2017 after being convicted of espionage.
The Pakistan government had on June 17, after the enactment of ‘the International Court of Justice (Review and Reconsideration) Ordinance, 2020’ invited Jadhav to file for a review and reconsideration of his conviction and sentencing by military court on charges of espionage. The spy and the Indian High Commission were asked to arrange a legal representation for him.
The special legislation allowed foreigners, their authorised representatives or consular officials of the mission of their country, to seek a review by the High Court of conviction and sentences awarded by military court in instances in which ICJ has ruled about their rights under Vienna Convention on Consular Relations of 1963 or they feel that they had been deprived of their rights under the Convention.
The Indian High Commission was also provided a second consular access to him in July for discussing the case. The consular officials, who came for the meeting abruptly walked off, protesting over the presence of a security guard in the room. A third opportunity was offered, but India has not availed it as yet.
The move to offer review and reconsideration of the case was made to implement last year’s ICJ verdict, which asked Pakistan to allow Indian consular officers’ access to him, and arrange effective review and reconsideration of the conviction and sentence of Jadhav.
“To give effect to the ICJ judgment, the Government of Pakistan has itself approached the Islamabad High Court,” the spokesman said.
India now wants Pakistan to allow an Indian lawyer to represent Jadhav in the review proceedings in Islamabad High Court.
“The Indian side has been making incongruous demand of allowing Indian lawyer to represent Commander Jadhav. We have repeatedly told them only those lawyers can represent Commander Jadhav in the court who have a licence to practice law in Pakistan,” the spokesman said.
“This is in accordance with the legal practice in other jurisdictions also. The Indian Supreme Court, in one of its judgments, has also ruled that foreign lawyers cannot practice law within the country,” he added.
The next hearing in the case is on September 3.
Mr Chaudhri asked India to cooperate with Pakistan in implementing the ICJ judgement.
Responding to a question on Kashmir, the spokesman said Pakistan wants reversal of the illegal and unilateral actions of August 5, 2019; immediate lifting of the military siege and restrictions imposed on the Kashmiri people; release of all prisoners, especially the political prisoners; revocation of the draconian laws including Armed Forces Special Powers Act (AFSPA), Public Safety Act (PSA) and Unlawful Activities Prevention Act (UAPA); all domiciles issued post-Aug 5, 2019 be declared null and void; unfettered access to UNMOGIP in the IIOJK be given as per its UN mandate; permission for human rights observers, humanitarian organisations and international media to visit IIOJK; and allowing the people of Jammu and Kashmir to exercise their inalienable right to self-determination as enshrined in the relevant UNSC resolutions.
He said Pakistan’s position on Kashmir has been consistent.
https://www.dawn.com/news/1576779/fo-blames-india-for-obstructing-icj-verdict-implementation
Stewie
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I think Pakistan is using subterfuge here to fullfil their goal. They want this case to get as much publicity and India to fight it as much possible so the world knows India interferes in Pakistan. They could have easily executed him quietly and nobody would have done anything about it. The reason this is being allowed happen is only because Pakistan wants something out of it.
I say well played!
I say well played!
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ISLAMABAD: India on Thursday appeared uninterested in securing relief for its spy from Pakistani courts, which resulted in a deadlock over the appointment of a defence lawyer for Kulbhushan Jadhav to plead his case before the Islamabad High Court (IHC).
An IHC larger bench, comprising Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, took up the petition filed by the Ministry of Law and Justice seeking appointment of defence counsel for Jadhav for review of his conviction in compliance with the order of the International Court of Justice (ICJ).
The bench observed that the judicial review in the Jadhav case would be a futile exercise if the Indian spy would not actively participate in the proceedings, adding that protecting rights of Commander Jadhav was of paramount importance for the court.
Attorney General for Pakistan (AGP) Khalid Jawed Khan informed court that pursuant to its order of Aug 3, the Pakistani government had formally approached the Indian Ministry for External Affairs and also contacted Jadhav over appointment of his defence counsel.
However, he said, both of them appeared to be not interested in pursuing the case in the IHC, apparently to raise the issue in the international community and to make it an excuse to knock the ICJ door again.
According to the AGP, in a note verbale the Indian government initially intimated that it has engaged a Pakistani lawyer, Shahnawaz Noon, however, it did not give him any paper of power of attorney. Citing some media reports, he said the Indian government had been quoted as saying it would engage a lawyer from outside Pakistan but under Pakistani law such a lawyer was not allowed to argue in a court of the country.
Mr Khan said Pakistani officials had met Jadhav in compliance with the IHC directive and gave him a briefing, particularly regarding his right to avail the statutory remedy provided under the International Court of Justice (Review and Reconsideration) Ordinance, 2020, which had been promulgated to comply with the ICJ order.
Jadhav was also informed regarding the judgement of the ICJ and his rights under Article 36 of the Vienna Convention on Consular Relations, the AG said.
According to him, Jadhav has been informed by the officials of the government of Pakistan that he has reiterated his earlier stance and has preferred to pursue the remedy of clemency, instead of invoking his right under the ordinance of 2020. The AGP said the Indian government was duly informed regarding the proceedings of the IHC on Aug 3, but the latter’s response was awaited.
The court asked its registrar whether a lawyer had filed a power of attorney on behalf of the Indian government and the response was in the negative.
The bench noted that the government of Pakistan, to meet its obligations regarding giving effect to the judgement of the ICJ pronounced on July 17, 2019, had specifically promulgated the ordinance of 2020.
“The proceedings before us are aimed at ensuring that the judgement of the international court is given effect. We are mindful of the emphasis laid down by the international court, in its judgement, relating to the need for the review and reconsideration to be effective. We are of the opinion that these proceedings and judicial review, on the basis of the judgement of the international court, may not be meaningful and effective if Commander Jadhav and the government of India decide not to exercise the course of action highlighted in the judgement of the international court,” the court observed.
“Protecting the right to a fair trial of Commander Jadhav is of paramount importance to ensure that the review and reconsideration is not only effective but is also seen to be such. We have no reason to doubt, as stated by the learned attorney general, that the officials of the government of Pakistan have complied with our direction by informing Commander Jadhav regarding his right to a fair trial and his rights under Article 36 of the Convention,” the court said.
“It is unquestionable that the right to a fair trial is the foundation of the rule of law and our criminal justice system. The essence of fair trial is to assure to every party that he or she would be treated fairly and justly by a judicial forum, which is impartial and independent. In the case in hand, Commander Jadhav is the most crucial stakeholder followed by the government of India,” the court observed.
“The judgement of the international court does not contemplate proceedings for review and reconsideration if Commander Jadhav and/or the government of India are not inclined or willing to avail the remedy specifically provided through the enactment of the ordinance of 2020.
“It appears to us that the effectiveness of these proceedings are dependent on the willingness of Commander Jadhav and the government of India to avail the statutory remedy provided under the ordinance of 2020,” the bench observed.
It added: “If both choose to distance themselves from these proceedings, then questions would arise regarding the validity of the petition filed by the government of Pakistan under the ordinance of 2020 and the status of compliance with the judgement of the international court. The choice of means was left to be decided by the government of Pakistan and the latter, in compliance, has enacted the ordinance of 2020.”
The court noted that obligation of the government of Pakistan, prima-facie, appeared to be confined to “providing” effective review and reconsideration. It questioned what if Jadhav, exercising free will, or the government of India decided not to pursue the statutory remedy provided for review and reconsideration? What then would be the status of compliance with the judgement of the ICJ?
Subsequently, the bench with the consent of the attorney general adjourned the hearing till Oct 6 to fulfill the requirements of a fair trial.
The court directed the attorney general to ensure delivery of the order sheet to Jadhav. It directed the government of Pakistan to again convey the orders passed in this petition to the government of India to enable the latter to consider taking appropriate measures to ensure compliance with the judgement of the ICJ.
https://www.dawn.com/news/1577807/deadlock-in-appointment-of-defence-lawyer-for-indian-spy
An IHC larger bench, comprising Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, took up the petition filed by the Ministry of Law and Justice seeking appointment of defence counsel for Jadhav for review of his conviction in compliance with the order of the International Court of Justice (ICJ).
The bench observed that the judicial review in the Jadhav case would be a futile exercise if the Indian spy would not actively participate in the proceedings, adding that protecting rights of Commander Jadhav was of paramount importance for the court.
Attorney General for Pakistan (AGP) Khalid Jawed Khan informed court that pursuant to its order of Aug 3, the Pakistani government had formally approached the Indian Ministry for External Affairs and also contacted Jadhav over appointment of his defence counsel.
However, he said, both of them appeared to be not interested in pursuing the case in the IHC, apparently to raise the issue in the international community and to make it an excuse to knock the ICJ door again.
According to the AGP, in a note verbale the Indian government initially intimated that it has engaged a Pakistani lawyer, Shahnawaz Noon, however, it did not give him any paper of power of attorney. Citing some media reports, he said the Indian government had been quoted as saying it would engage a lawyer from outside Pakistan but under Pakistani law such a lawyer was not allowed to argue in a court of the country.
Mr Khan said Pakistani officials had met Jadhav in compliance with the IHC directive and gave him a briefing, particularly regarding his right to avail the statutory remedy provided under the International Court of Justice (Review and Reconsideration) Ordinance, 2020, which had been promulgated to comply with the ICJ order.
Jadhav was also informed regarding the judgement of the ICJ and his rights under Article 36 of the Vienna Convention on Consular Relations, the AG said.
According to him, Jadhav has been informed by the officials of the government of Pakistan that he has reiterated his earlier stance and has preferred to pursue the remedy of clemency, instead of invoking his right under the ordinance of 2020. The AGP said the Indian government was duly informed regarding the proceedings of the IHC on Aug 3, but the latter’s response was awaited.
The court asked its registrar whether a lawyer had filed a power of attorney on behalf of the Indian government and the response was in the negative.
The bench noted that the government of Pakistan, to meet its obligations regarding giving effect to the judgement of the ICJ pronounced on July 17, 2019, had specifically promulgated the ordinance of 2020.
“The proceedings before us are aimed at ensuring that the judgement of the international court is given effect. We are mindful of the emphasis laid down by the international court, in its judgement, relating to the need for the review and reconsideration to be effective. We are of the opinion that these proceedings and judicial review, on the basis of the judgement of the international court, may not be meaningful and effective if Commander Jadhav and the government of India decide not to exercise the course of action highlighted in the judgement of the international court,” the court observed.
“Protecting the right to a fair trial of Commander Jadhav is of paramount importance to ensure that the review and reconsideration is not only effective but is also seen to be such. We have no reason to doubt, as stated by the learned attorney general, that the officials of the government of Pakistan have complied with our direction by informing Commander Jadhav regarding his right to a fair trial and his rights under Article 36 of the Convention,” the court said.
“It is unquestionable that the right to a fair trial is the foundation of the rule of law and our criminal justice system. The essence of fair trial is to assure to every party that he or she would be treated fairly and justly by a judicial forum, which is impartial and independent. In the case in hand, Commander Jadhav is the most crucial stakeholder followed by the government of India,” the court observed.
“The judgement of the international court does not contemplate proceedings for review and reconsideration if Commander Jadhav and/or the government of India are not inclined or willing to avail the remedy specifically provided through the enactment of the ordinance of 2020.
“It appears to us that the effectiveness of these proceedings are dependent on the willingness of Commander Jadhav and the government of India to avail the statutory remedy provided under the ordinance of 2020,” the bench observed.
It added: “If both choose to distance themselves from these proceedings, then questions would arise regarding the validity of the petition filed by the government of Pakistan under the ordinance of 2020 and the status of compliance with the judgement of the international court. The choice of means was left to be decided by the government of Pakistan and the latter, in compliance, has enacted the ordinance of 2020.”
The court noted that obligation of the government of Pakistan, prima-facie, appeared to be confined to “providing” effective review and reconsideration. It questioned what if Jadhav, exercising free will, or the government of India decided not to pursue the statutory remedy provided for review and reconsideration? What then would be the status of compliance with the judgement of the ICJ?
Subsequently, the bench with the consent of the attorney general adjourned the hearing till Oct 6 to fulfill the requirements of a fair trial.
The court directed the attorney general to ensure delivery of the order sheet to Jadhav. It directed the government of Pakistan to again convey the orders passed in this petition to the government of India to enable the latter to consider taking appropriate measures to ensure compliance with the judgement of the ICJ.
https://www.dawn.com/news/1577807/deadlock-in-appointment-of-defence-lawyer-for-indian-spy
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ISLAMABAD: Law Min*ister Barrister Dr Farogh Naseem said on Thursday that Pakistan was still waiting for an Indian response to its offer to appoint a legal representative in a review and reconsideration petition before the Islamabad High Court against the conviction by a military court of Indian spy Commander Kulbhu*shan Sudhir Jadhav.
“Pakistan is neither a banana republic nor a rogue state and wants to comply [with] all international laws as well as the July 17, 2019 verdict of the International Court of Justice (ICJ),” the minister said, adding that at the same time “we also expect similar response from other states to honour international laws, especially those governing human rights by shunning state terrorism in Indian occupied Kashmir which is against all decency”.
Talking informally to a delegation of the Press Association of the Supreme Court, headed by its president Qayyum Siddiqui, the minister said the federal government had already approached the high court to allow it to appoint a lawyer for defending the Indian spy.
The ICJ had asked Pakistan to ensure effective review and reconsideration of Jadhav’s conviction and sentence after ruling that the spy should immediately be allowed consular access.
At the last hearing on Aug 3, the IHC had provided another opportunity to India as well as the spy to appoint a legal counsel to defend Jadhav.
Law Minister Naseem explained that though the ICJ judgement was not binding, still it had consequences which should be avoided. New Delhi could press contempt charges before the ICJ for violating its directives or exert influence to take the matter to the United Nations Security Council seeking sanctions against Islamabad, he said.
“That route we have blocked by asking both the spy and the Indian government to appoint a legal counsel or in the alternative allow the Pakistan government to appoint the lawyer on its own,” the minister said.
The invitation to the Indian government to move the review and reconsideration petition was extended through a May 20 ordinance, called the International Court of Justice (Review and Reconsideration) Ordinance 2020, after Commander Jadhav declined twice to take advantage of the law demanding sympathetic consideration be given to his mercy petition pending with the army chief.
Commander Jadhav was captured in Balochistan in March 2016. He later confessed to his association with Indian spy agency RAW and his involvement in espionage and fomenting terrorism in Pakistan.
In 2017, the Field General Court Martial (FGCM) had awarded him death sentence which was confirmed by army chief on April 10, 2017. The military court of appeal has already rejected Jadhav’s appeal against the death penalty. Jadhav later filed a mercy petition with the army chief, which is still under consideration.
Jadhav was offered on June 17 this year to file a petition for review and reconsideration of his sentence and conviction.
MQM ideology
Law Minister Naseem said when all the political parties in the country took cue from the ideology set by their founders, the Muttahida Qaumi Movement (MQM) was the only political party in the country’s history that threw away its founder [Altaf Hussain], adding that Pakistan was a romance of the Urdu-speaking community who were loyal only to the state of Pakistan.
He said the MQM-Pakistan, and not MQM-London, represented the true sentiments of the Urdu-speaking community and was, therefore, registered with the Election Commission of Pakistan as a political party which complied with all laws of the country. He said the ideology of the MQM-Pakistan was very similar to that of the Pakistan Tehreek-i-Insaf and that was why both parties were allies and had joined hands to serve the people of this country.
FATF criteria
Referring to the government’s initiatives vis-à-vis the Financial Action Task Force (FATF), the minister assured the media that no law, which militated against the Constitution or the Criminal Procedure Code, would ever be made, adding that it was a requirement of the FATF to declare attempts to launder money a cognizable offence.
He said he had already explained to the legislators belonging to the Pakistan Peoples Party and the Pakistan Muslim League-Nawaz that discouraging and checking crimes like money laundering, black money, keeping fake accounts and terror financing were FATF criteria and no one should have any objection to these since it would only benefit Pakistan in the long run. India had already made these offences cognizable, he added.
Referring to status of Gilgit-Baltistan, Mr Naseem said there was no difference between the people living in Pakistan and those living in the region, but “we have to wait for resolution of the Kashmir dispute between Indian and Pakistan. Our case before the UN on the Kashmir dispute will be weakened if we follow what Indians have done by amending their constitution to declare occupied Kashmir a part of India”.
The minister parried questions when asked if the federal government intends to withdraw the review petition against the Nov 28, 2019 Supreme Court verdict regarding extension in tenure of Chief of the Army Staff Gen Qamar Javed Bajwa. He also did not answer when asked whether the ordinance relating to the setting up of the China-Pakistan Economic Corridor Authority has elapsed.
https://www.dawn.com/news/1579056/indian-response-still-awaited-in-jadhav-case-says-minister
“Pakistan is neither a banana republic nor a rogue state and wants to comply [with] all international laws as well as the July 17, 2019 verdict of the International Court of Justice (ICJ),” the minister said, adding that at the same time “we also expect similar response from other states to honour international laws, especially those governing human rights by shunning state terrorism in Indian occupied Kashmir which is against all decency”.
Talking informally to a delegation of the Press Association of the Supreme Court, headed by its president Qayyum Siddiqui, the minister said the federal government had already approached the high court to allow it to appoint a lawyer for defending the Indian spy.
The ICJ had asked Pakistan to ensure effective review and reconsideration of Jadhav’s conviction and sentence after ruling that the spy should immediately be allowed consular access.
At the last hearing on Aug 3, the IHC had provided another opportunity to India as well as the spy to appoint a legal counsel to defend Jadhav.
Law Minister Naseem explained that though the ICJ judgement was not binding, still it had consequences which should be avoided. New Delhi could press contempt charges before the ICJ for violating its directives or exert influence to take the matter to the United Nations Security Council seeking sanctions against Islamabad, he said.
“That route we have blocked by asking both the spy and the Indian government to appoint a legal counsel or in the alternative allow the Pakistan government to appoint the lawyer on its own,” the minister said.
The invitation to the Indian government to move the review and reconsideration petition was extended through a May 20 ordinance, called the International Court of Justice (Review and Reconsideration) Ordinance 2020, after Commander Jadhav declined twice to take advantage of the law demanding sympathetic consideration be given to his mercy petition pending with the army chief.
Commander Jadhav was captured in Balochistan in March 2016. He later confessed to his association with Indian spy agency RAW and his involvement in espionage and fomenting terrorism in Pakistan.
In 2017, the Field General Court Martial (FGCM) had awarded him death sentence which was confirmed by army chief on April 10, 2017. The military court of appeal has already rejected Jadhav’s appeal against the death penalty. Jadhav later filed a mercy petition with the army chief, which is still under consideration.
Jadhav was offered on June 17 this year to file a petition for review and reconsideration of his sentence and conviction.
MQM ideology
Law Minister Naseem said when all the political parties in the country took cue from the ideology set by their founders, the Muttahida Qaumi Movement (MQM) was the only political party in the country’s history that threw away its founder [Altaf Hussain], adding that Pakistan was a romance of the Urdu-speaking community who were loyal only to the state of Pakistan.
He said the MQM-Pakistan, and not MQM-London, represented the true sentiments of the Urdu-speaking community and was, therefore, registered with the Election Commission of Pakistan as a political party which complied with all laws of the country. He said the ideology of the MQM-Pakistan was very similar to that of the Pakistan Tehreek-i-Insaf and that was why both parties were allies and had joined hands to serve the people of this country.
FATF criteria
Referring to the government’s initiatives vis-à-vis the Financial Action Task Force (FATF), the minister assured the media that no law, which militated against the Constitution or the Criminal Procedure Code, would ever be made, adding that it was a requirement of the FATF to declare attempts to launder money a cognizable offence.
He said he had already explained to the legislators belonging to the Pakistan Peoples Party and the Pakistan Muslim League-Nawaz that discouraging and checking crimes like money laundering, black money, keeping fake accounts and terror financing were FATF criteria and no one should have any objection to these since it would only benefit Pakistan in the long run. India had already made these offences cognizable, he added.
Referring to status of Gilgit-Baltistan, Mr Naseem said there was no difference between the people living in Pakistan and those living in the region, but “we have to wait for resolution of the Kashmir dispute between Indian and Pakistan. Our case before the UN on the Kashmir dispute will be weakened if we follow what Indians have done by amending their constitution to declare occupied Kashmir a part of India”.
The minister parried questions when asked if the federal government intends to withdraw the review petition against the Nov 28, 2019 Supreme Court verdict regarding extension in tenure of Chief of the Army Staff Gen Qamar Javed Bajwa. He also did not answer when asked whether the ordinance relating to the setting up of the China-Pakistan Economic Corridor Authority has elapsed.
https://www.dawn.com/news/1579056/indian-response-still-awaited-in-jadhav-case-says-minister
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India using Jadhav case for political gains: AGP
The state’s top law officer has told the Islamabad High Court (IHC) that New Delhi is more interested in getting political leverage rather than the wellbeing of its spy Kulbhushan Jadhav as it has raised objections to Pakistan’s offer to give Jadhav an opportunity to challenge his sentence.
“India is not concerned about Jadhav’s life; it is more concerned about the political outcome of the case,” Attorney General for Pakistan (AGP) Khalid Javed Khan told an IHC bench, hearing the Ministry of Law’s petition to appoint an attorney for the Indian spy.
https://tribune.com.pk/story/2267256/india-using-jadhav-case-for-political-gains-agp
The state’s top law officer has told the Islamabad High Court (IHC) that New Delhi is more interested in getting political leverage rather than the wellbeing of its spy Kulbhushan Jadhav as it has raised objections to Pakistan’s offer to give Jadhav an opportunity to challenge his sentence.
“India is not concerned about Jadhav’s life; it is more concerned about the political outcome of the case,” Attorney General for Pakistan (AGP) Khalid Javed Khan told an IHC bench, hearing the Ministry of Law’s petition to appoint an attorney for the Indian spy.
Captain Jadhav, an operative of the Indian spy agency Research and Analysis Wing (RAW), was arrested from Balochistan in March 2016. A Field General Court Martial in Pakistan sentenced him to death on April 10, 2017 for fomenting terrorism in Balochistan and Karachi.
India later moved the International Court of Justice (ICJ) against the verdict and the ICJ on May 18, 2017 stayed the execution pending the final judgment on the case. On July 17, 2019, the ICJ rejected India’s appeal for Jadhav’s release but also ordered Pakistan to suspend the execution.
It also ruled that Pakistan will have to review the entire process of trial and conviction and provide India with consular access to the spy. This year Pakistan also promulgated ICJ (Review and Reconsideration) Ordinance, 2020 to comply with the ICJ verdict.
The AGP said the Ministry of Foreign Affairs on September 3 informed India about Pakistan’s steps taken in the light of the ICJ verdict. However, Pakistan on September 7 received Indian ’note verbale’ raising objections to the measures taken by Islamabad.
“India has repeated its earlier position while raising four objections: first, it raised certain objections to the ICJ (Review and Reconsideration) Ordinance, 2020, saying it merely creates an illusion of remedy.
“Second, it said Pakistan did not allow meaningful consular access to Jadhav [as ordered by the ICJ].
“Third, it sought to pursue the case through the Queen’s Counsel practicing in England; and fourth, it said appearing before a Pakistani court would compromise its sovereign integrity,” the AGP said.
In his arguments, Khan said there was no question of waiver of sovereign immunity because the case will be pleaded through a counsel having power of attorney, adding that the ordinance does not talk about a procedure; that question is with the court and that’s what the court has to decide.
He said pleading the case through the Queen’s Counsel is against Pakistani as well as Indian laws, referring to Section 22 of the Legal Practitioners Act. “So, no question of the Queen’s Counsel coming here,” he said.
Commenting on the counselor’s access, he said, it appears India is not concerned about Commander Jadhav and it was only creating a semblance of concern. He said it takes only five minutes to sign a power of attorney, adding that India can also come to the IHC if they need any documents.
Khan said Jadhav has already refused to avail the remedy and, apparently, India is also not keen to pursue the case. India is trying to develop a case that the ordinance that Pakistan introduced is not effective and that Pakistan failed to give counselor access to the spy in violation of the ICJ judgment.
Under the ordinance, the AGP said, one possibility was that Commander Jadhav pursued the case himself or through his authorized representative but this is not happening.
He added the federal government had approached the high court because Jadhav himself is not keen and India is deliberately avoiding to avail the opportunity.
He said Pakistan has fulfilled the obligations through promulgation of the ordinance but it has to go a little bit beyond that as the Constitution calls for providing fair trial to an accused. That is why the federal government approached the court for appointing a counsel, he said.
“We feel that we have extended enough opportunities to India and some reluctance is shown by India,” observed head of the larger bench Chief Justice Athar Minallah. “We are mindful that there is a life involved… right to fair trial is essential and that right has to be kept in mind in lieu of ICJ judgment.”
Justice Minallah asked the AGP if the court could appoint a lawyer on its own and what was the scope of it in light of the ICJ judgment. He asked the AGP to assist the court on the precedent law of the ICJ as it would enable the court to see how an effective review and reconsideration can be made in line with ICJ judgment.
Khan argued that the obligation of review and reconsideration pertains to the appointment of a counsel. Justice Minallah remarked that the main objective is the meaningful implementation of the ICJ verdict, adding it would be very important for the court to be assisted.
He said similar cases must have been decided by the ICJ and the AGP should assist the court if it can proceed without the presence of India and Commander Jadhav and can yet effectively review and reconsider. For that, he said, the court has to follow the case law developed by the ICJ itself.
“India can always come to this court, it will not compromise its sovereign immunity as the proceedings are arising out of the ICJ judgment,” Justice Minallah remarked.
Khan agreed to the notion, saying the Indian argument of integrity is a façade. “This argument has been raised to engineer a possible fault on Pakistan’s intention,” Khan said.
Justice Minallah, however, said: “We are for now not doubting India’s intention.” He said the court would need reference of the ICJ precedents so it could proceed accordingly.
At this point, Justice Aamer Farooq, a member of the bench, remarked: “This is about the right to life of Commander Jadhav and not the government of India.” Justice Minallah reiterated that “we have to ensure that commander Jadhav’s right to life is protected and judgment is also implemented”.
The court gave four-week time to AGP for providing assistance to the court regarding ICJ precedents.
India later moved the International Court of Justice (ICJ) against the verdict and the ICJ on May 18, 2017 stayed the execution pending the final judgment on the case. On July 17, 2019, the ICJ rejected India’s appeal for Jadhav’s release but also ordered Pakistan to suspend the execution.
It also ruled that Pakistan will have to review the entire process of trial and conviction and provide India with consular access to the spy. This year Pakistan also promulgated ICJ (Review and Reconsideration) Ordinance, 2020 to comply with the ICJ verdict.
The AGP said the Ministry of Foreign Affairs on September 3 informed India about Pakistan’s steps taken in the light of the ICJ verdict. However, Pakistan on September 7 received Indian ’note verbale’ raising objections to the measures taken by Islamabad.
“India has repeated its earlier position while raising four objections: first, it raised certain objections to the ICJ (Review and Reconsideration) Ordinance, 2020, saying it merely creates an illusion of remedy.
“Second, it said Pakistan did not allow meaningful consular access to Jadhav [as ordered by the ICJ].
“Third, it sought to pursue the case through the Queen’s Counsel practicing in England; and fourth, it said appearing before a Pakistani court would compromise its sovereign integrity,” the AGP said.
In his arguments, Khan said there was no question of waiver of sovereign immunity because the case will be pleaded through a counsel having power of attorney, adding that the ordinance does not talk about a procedure; that question is with the court and that’s what the court has to decide.
He said pleading the case through the Queen’s Counsel is against Pakistani as well as Indian laws, referring to Section 22 of the Legal Practitioners Act. “So, no question of the Queen’s Counsel coming here,” he said.
Commenting on the counselor’s access, he said, it appears India is not concerned about Commander Jadhav and it was only creating a semblance of concern. He said it takes only five minutes to sign a power of attorney, adding that India can also come to the IHC if they need any documents.
Khan said Jadhav has already refused to avail the remedy and, apparently, India is also not keen to pursue the case. India is trying to develop a case that the ordinance that Pakistan introduced is not effective and that Pakistan failed to give counselor access to the spy in violation of the ICJ judgment.
Under the ordinance, the AGP said, one possibility was that Commander Jadhav pursued the case himself or through his authorized representative but this is not happening.
He added the federal government had approached the high court because Jadhav himself is not keen and India is deliberately avoiding to avail the opportunity.
He said Pakistan has fulfilled the obligations through promulgation of the ordinance but it has to go a little bit beyond that as the Constitution calls for providing fair trial to an accused. That is why the federal government approached the court for appointing a counsel, he said.
“We feel that we have extended enough opportunities to India and some reluctance is shown by India,” observed head of the larger bench Chief Justice Athar Minallah. “We are mindful that there is a life involved… right to fair trial is essential and that right has to be kept in mind in lieu of ICJ judgment.”
Justice Minallah asked the AGP if the court could appoint a lawyer on its own and what was the scope of it in light of the ICJ judgment. He asked the AGP to assist the court on the precedent law of the ICJ as it would enable the court to see how an effective review and reconsideration can be made in line with ICJ judgment.
Khan argued that the obligation of review and reconsideration pertains to the appointment of a counsel. Justice Minallah remarked that the main objective is the meaningful implementation of the ICJ verdict, adding it would be very important for the court to be assisted.
He said similar cases must have been decided by the ICJ and the AGP should assist the court if it can proceed without the presence of India and Commander Jadhav and can yet effectively review and reconsider. For that, he said, the court has to follow the case law developed by the ICJ itself.
“India can always come to this court, it will not compromise its sovereign immunity as the proceedings are arising out of the ICJ judgment,” Justice Minallah remarked.
Khan agreed to the notion, saying the Indian argument of integrity is a façade. “This argument has been raised to engineer a possible fault on Pakistan’s intention,” Khan said.
Justice Minallah, however, said: “We are for now not doubting India’s intention.” He said the court would need reference of the ICJ precedents so it could proceed accordingly.
At this point, Justice Aamer Farooq, a member of the bench, remarked: “This is about the right to life of Commander Jadhav and not the government of India.” Justice Minallah reiterated that “we have to ensure that commander Jadhav’s right to life is protected and judgment is also implemented”.
The court gave four-week time to AGP for providing assistance to the court regarding ICJ precedents.
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ISLAMABAD: The Foreign Office said on Thursday that Pakistan had made an offer for a third time of consular access to Indian spy Kulbhushan Jadhav, who is currently on death row in the country.
Answering a question during the weekly press briefing, FO spokesperson Zahid Hafeez Chaudhri said Pakistan would not amend its laws to allow an Indian counsel before Pakistani courts, adding India should cooperate in this regard.
He said India was involved in terrorist activities inside Pakistan and its spies had been caught several times.
He said India’s involvement in the recent bomb blast at a madressah in Peshawar could not be ruled out.
On Islamophobia, he said, Pakistan strongly condemned the systematic resurgence of acts of republication of blasphemous sketches and desecration of the Holy Quran by certain irresponsible elements in some developed countries.
Says India has been involved in terrorist activities inside country and its spies caught several times
“We are further alarmed at the highly disturbing statements by certain politicians justifying such heinous acts under the garb of the freedom of expression and equating Islam with terrorism, for narrow electoral and political gains,” he said.
The spokesperson said Pakistan always supported and continued to lead international efforts for combating intolerance, discrimination and violence on the basis of religion or belief.
On the regional security, he said Pakistan had taken note of the signing of the Basic Exchange and Cooperation Agreement between India and the United States.
Mr Chaudhri said Pakistan strongly condemned the drone attacks launched towards the Kingdom of Saudi Arabia by Houthi militia on Wednesday.
He said Pakistan appreciated the successful interception of the drones, which prevented the loss of innocent lives.
“Pakistan reiterates its full support and solidarity with Saudi Arabia against any threats to its security and territorial integrity,” he said.
Published in Dawn, October 30th, 2020
Answering a question during the weekly press briefing, FO spokesperson Zahid Hafeez Chaudhri said Pakistan would not amend its laws to allow an Indian counsel before Pakistani courts, adding India should cooperate in this regard.
He said India was involved in terrorist activities inside Pakistan and its spies had been caught several times.
He said India’s involvement in the recent bomb blast at a madressah in Peshawar could not be ruled out.
On Islamophobia, he said, Pakistan strongly condemned the systematic resurgence of acts of republication of blasphemous sketches and desecration of the Holy Quran by certain irresponsible elements in some developed countries.
Says India has been involved in terrorist activities inside country and its spies caught several times
“We are further alarmed at the highly disturbing statements by certain politicians justifying such heinous acts under the garb of the freedom of expression and equating Islam with terrorism, for narrow electoral and political gains,” he said.
The spokesperson said Pakistan always supported and continued to lead international efforts for combating intolerance, discrimination and violence on the basis of religion or belief.
On the regional security, he said Pakistan had taken note of the signing of the Basic Exchange and Cooperation Agreement between India and the United States.
Mr Chaudhri said Pakistan strongly condemned the drone attacks launched towards the Kingdom of Saudi Arabia by Houthi militia on Wednesday.
He said Pakistan appreciated the successful interception of the drones, which prevented the loss of innocent lives.
“Pakistan reiterates its full support and solidarity with Saudi Arabia against any threats to its security and territorial integrity,” he said.
Published in Dawn, October 30th, 2020
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ISLAMABAD: The Indian government has been given three more weeks by the Islamabad High Court (IHC) to appoint counsel for incarcerated spy Kulbhushan Jadhav.
A larger bench of the IHC heard the government petition to appoint a lawyer for the Indian agent.
It is our responsibility to ensure a fair trial in the Kulbhushan Jadhav case, IHC Chief Justice Athar Minallah said during the proceedings.
The IHC CJ asked the lawyer representing the Indian High Commission in Islamabad about India’s stance in the case.
Read more: Govt moves IHC to appoint legal counsel for Indian spy Kulbhushan Jadhav
Indian HC lawyer Barrister Shahnawaz quoted the High Commission as saying that India’s External Affairs Ministry is holding meetings over the issue in Delhi.
Attorney General Khalid Javed Khan informed the bench that the government is willing to offer India consular access to Jadhav for the third time.
Barrister Shahnawaz said India is concerned over the detention of its national Muhammad Ismail in spite of completing his sentence.
Ismail should be freed if there is no bar, the IHC CJ responded. To this, the attorney-general had said the offence pertains to the Official Secrets Act.
The hearing was adjourned on Tuesday till January 14.
A larger bench of the IHC heard the government petition to appoint a lawyer for the Indian agent.
It is our responsibility to ensure a fair trial in the Kulbhushan Jadhav case, IHC Chief Justice Athar Minallah said during the proceedings.
The IHC CJ asked the lawyer representing the Indian High Commission in Islamabad about India’s stance in the case.
Read more: Govt moves IHC to appoint legal counsel for Indian spy Kulbhushan Jadhav
Indian HC lawyer Barrister Shahnawaz quoted the High Commission as saying that India’s External Affairs Ministry is holding meetings over the issue in Delhi.
Attorney General Khalid Javed Khan informed the bench that the government is willing to offer India consular access to Jadhav for the third time.
Barrister Shahnawaz said India is concerned over the detention of its national Muhammad Ismail in spite of completing his sentence.
Ismail should be freed if there is no bar, the IHC CJ responded. To this, the attorney-general had said the offence pertains to the Official Secrets Act.
The hearing was adjourned on Tuesday till January 14.
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ISLAMABAD: Pakistan's Foreign Office on Friday rejected a misleading claim made by the Indian foreign ministry about the case of Indian spy Kulbhushan Jadhav.
On Thursday, the spokesperson for India's Ministry of External Affairs (MEA) Anurag Srivastava had falsely claimed that Pakistan is attempting to link the Kulbhushan Jadhav case with another Indian national Ismail, who is currently imprisoned in Pakistan.
"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," the FO said in a statement.
The FO added that India's BJP-led government should remember that in line with 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 his conviction could start.
"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," the statement read.
As a result, the Pakistani government was left with no choice but to initiate proceedings for appointment of a state counsel for Kulbhushan.
"During the course of the proceedings, to show the discrepancy in the Indian position, the Attorney-General for Pakistan cited the case of Mr Muhammad Ismail, an Indian national currently in custody in Pakistan, where the Indian High Commission had instructed Mr Noon as its lawyer," the statement read.
"Contrary to the false statement by the Indian MEA, no attempt was made to link the cases of Commander Jadhav with another Indian prisoner Ismail. The two cases are and remain entirely distinct. Reference to the case of Mr Ismail was only for purpose of showing the discrepancy and inconsistency in the Indian position."
The FO reiterated that the Pakistani government has already provided consular access to the Indian High Commission twice as per the judgment of the International Court of Justice (ICJ).
"Pakistan has taken all the necessary steps for an effective review and reconsideration in the case. The offer of third consular access is still there," the statement said.
The FO once again urged the Indian side 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."
On Thursday, the spokesperson for India's Ministry of External Affairs (MEA) Anurag Srivastava had falsely claimed that Pakistan is attempting to link the Kulbhushan Jadhav case with another Indian national Ismail, who is currently imprisoned in Pakistan.
"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," the FO said in a statement.
The FO added that India's BJP-led government should remember that in line with 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 his conviction could start.
"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," the statement read.
As a result, the Pakistani government was left with no choice but to initiate proceedings for appointment of a state counsel for Kulbhushan.
"During the course of the proceedings, to show the discrepancy in the Indian position, the Attorney-General for Pakistan cited the case of Mr Muhammad Ismail, an Indian national currently in custody in Pakistan, where the Indian High Commission had instructed Mr Noon as its lawyer," the statement read.
"Contrary to the false statement by the Indian MEA, no attempt was made to link the cases of Commander Jadhav with another Indian prisoner Ismail. The two cases are and remain entirely distinct. Reference to the case of Mr Ismail was only for purpose of showing the discrepancy and inconsistency in the Indian position."
The FO reiterated that the Pakistani government has already provided consular access to the Indian High Commission twice as per the judgment of the International Court of Justice (ICJ).
"Pakistan has taken all the necessary steps for an effective review and reconsideration in the case. The offer of third consular access is still there," the statement said.
The FO once again urged the Indian side 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."
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ISLAMABAD: The Islamabad High Court (IHC) on Thursday asked the Ministry of Foreign Affairs to seek Indian response on the appointment of a lawyer for its spy naval commander Kulbhushan Jadhav in order to implement the directives of the International Court of Justice (ICJ).
An IHC larger bench headed by Chief Justice Athar Minallah resumed hearing of the case related to Jadhav and four other Indian prisoners who were under detention even after completion of their respective sentences.
Barrister Shahnawaz Noon, counsel for the Indian High Commission, requested the court to dispose of the case related to the four prisoners since after their release, the petition has become infructuous.
Regarding the query of the IHC for the appointment of the lawyer for Jadhav, Mr 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.
Chief Justice Minallah remarked that it was not a question of jurisdiction or immunity since the objective was to implement the ICJ’s directive.
The court then directed the officials of the foreign ministry to contact their Indian counterparts and apprise the court accordingly.
Further hearing in this matter has been adjourned till May 5.
Jadhav illegally entered Pakistan on March 3, 2016 and was arrested by the Pakistani authorities during the course of a counter-intelligence operation in Mashkel, Balochistan.
He confessed to his association with the Indian intelligence agency, Research and Analysis Wing, and involvement in espionage and terror activities in different parts of Balochistan and Sindh. He was awarded death sentence by a military court in April 2017. However, the Indian government approached the ICJ against the sentence.
The ICJ decision has highlighted the non-compliance of Article 36 of the Vienna Convention that defines a framework for consular relations between sovereign states.
The government of Pakistan, in order to meet its obligations regarding giving effect to the judgement of the ICJ has specifically promulgated an ordinance. The Indian government has termed this ordinance “illusion of remedy”, not a proper remedy.
Published in Dawn, April 16th, 2021
An IHC larger bench headed by Chief Justice Athar Minallah resumed hearing of the case related to Jadhav and four other Indian prisoners who were under detention even after completion of their respective sentences.
Barrister Shahnawaz Noon, counsel for the Indian High Commission, requested the court to dispose of the case related to the four prisoners since after their release, the petition has become infructuous.
Regarding the query of the IHC for the appointment of the lawyer for Jadhav, Mr 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.
Chief Justice Minallah remarked that it was not a question of jurisdiction or immunity since the objective was to implement the ICJ’s directive.
The court then directed the officials of the foreign ministry to contact their Indian counterparts and apprise the court accordingly.
Further hearing in this matter has been adjourned till May 5.
Jadhav illegally entered Pakistan on March 3, 2016 and was arrested by the Pakistani authorities during the course of a counter-intelligence operation in Mashkel, Balochistan.
He confessed to his association with the Indian intelligence agency, Research and Analysis Wing, and involvement in espionage and terror activities in different parts of Balochistan and Sindh. He was awarded death sentence by a military court in April 2017. However, the Indian government approached the ICJ against the sentence.
The ICJ decision has highlighted the non-compliance of Article 36 of the Vienna Convention that defines a framework for consular relations between sovereign states.
The government of Pakistan, in order to meet its obligations regarding giving effect to the judgement of the ICJ has specifically promulgated an ordinance. The Indian government has termed this ordinance “illusion of remedy”, not a proper remedy.
Published in Dawn, April 16th, 2021
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ISLAMABAD: The government on Thursday literally bulldozed legislation in the National Assembly by getting 21 laws approved, including the controversial Elections (Amendment) Bill 2020 and the bill to provide right of appeal to Indian spy Kulbhushan Jadhav, after suspending the rules of business amid the opposition’s strong protest and boycott.
The opposition members staged walkout and pointed out lack of quorum three times, but each time the chair declared the house in order and continued the business, forcing the opposition to resort to noisy protest.
At one stage, the opposition challenged the ruling of Speaker Asad Qaiser on the voice vote on a motion seeking to suspend the rules. The speaker ordered a physical vote count and the opposition faced a defeat with 112-101 vote.
The opposition members gathered in front of the speaker’s dais and raised slogans like “Modi Ka Jo Yar Hai Ghaddar Hai” (Modi’s friend is a traitor) and “Kulbhushan Ko Phansi Do” (Hang Kulbhushan) when Pakistan Muslim League-Nawaz MNA Ahsan Iqbal pointed out that the government had included the bill in the heavy legislative agenda to provide relief to the Indian spy.
National Assembly passes 20 other bills, including Elections (Amendment) Bill; opposition says it may bring vote of no-confidence against chair
The opposition protested over the government’s move to bring the bills on the agenda after suspending the rule that says that the members should be given at least 48 hours before presenting a bill in the National Assembly for passage after presentation of a report on the bill by committee concerned.
The only justification the ministers, including Foreign Minister Shah Mahmood Qureshi, gave was that since the assembly was going into budget session from Friday (today), they did not want to delay their passage as many of the bills were to provide relief to the masses.
“We did whatever we could do to stop you but you are bent upon defacing the history. Therefore, we have decided to boycott the proceedings,” declared Abdul Qadir Patel of the Pakistan Peoples Party (PPP) before the third and last walkout of the opposition when the government had already passed eight bills.
Mr Patel said the opposition was considering to move no-confidence motion against the chair.
Later, the opposition members submitted a no-confidence motion to the NA Secretariat against Deputy Speaker Qasim Suri, who presided over most part of the sitting, for alleged “abusive disregard” of the assembly rules, “collaborating illegally with the treasury members to move the bills that had not been sent to the committees” and for disregarding with mala fide the opposition’s call for quorum.
The opposition had pointed out quorum on four occasions, but the deputy speaker snubbed the opposition and did not order a headcount.
Interestingly, the assembly also passed the Regulation of Generation, Transmission and Distribution of Electric Power (Amendment) Bill 2021, which was on the agenda of the standing committee on power earlier in the day, but could not be taken up due to the absence of Minister for Energy Hammad Azhar.
Shazia Marri of the PPP protested over the government’s move to pass a bill without approval by the committee and asked the treasury members of the committee to say on oath they had passed the bill. She alleged that the bill was being bulldozed to fulfill the agenda of the International Monetary Fund (IMF).
Mr Azhar, however, instead of responding to Ms Marri’s objection, went ahead to present the bill for the passage amid the opposition’s “shame, shame” slogans.
The house also witnessed a rumpus when PPP’s Raja Pervez Ashraf protested over remarks of Foreign Minister Qureshi, who had stated that by opposing the bill to provide relief to Jadhav, the opposition members were toeing the Indian narrative.
“Do you want to give a message to India that half of the country’s population is with India since we had secured votes of half of Pakistanis? Take back your words,” Mr Ashraf said.
PPP Chairman Bilawal Bhutto-Zardari asked the speaker to provide some time to the members to see the bills. He criticised the government for first bringing the bill to provide relief to the Indian spy through an ordinance and then getting it passed through bulldozing the legislation. Similarly, he said, the government should have engaged the opposition if it wanted to give right of vote to overseas Pakistanis and use electronic voting machines (EVMs) in the elections.
Mr Bhutto-Zardari said what guarantee the government members could give that the country’s elections would not be hacked by India or RAW through EVMs.
PPP’s Syed Naveed Qamar questioned the urgency being shown by the government in getting the bills passed.
“Is it the last session of the assembly? Will the assembly be dissolved after the budget?” he asked.
PML-N’s Ahsan Iqbal also objected to the elections (amendment) bill, saying for the first time in the country’s history electoral reforms were being carried out without a national consensus.
About the bill to provide relief to the Indian spy, he said it was a person-specific bill and the name of Kulbhushan Jadhav was mentioned in the Statement of Objects and Reasons of the bill. He said when the country’s law allowed high courts to review the sentences awarded by military courts then what was the need for bringing the law.
Law Minister Farogh Nasim said the bill was being passed in the light of the verdict of the International Court of Justice (ICJ).
Mr Nasim said he was shocked to see the opposition’s behaviour and it seemed that the opposition had not read the ICJ verdict. He said the ICJ had clearly asked Pakistan to make effective legislation to provide the right of review to the Indian spy.
“India wants us to do what you (the opposition) are saying,” said the law minister amid the opposition’s slogans “traitor, traitor”.
Speaking again after passage of the ICJ (Review and Re-consideration) Bill, 2020, aimed at allowing Indian spy Jadhav to have consular access in line with the ICJ verdict, the law minister said had they not passed the bill, India would have gone to the UN Security Council and could have moved contempt proceedings against Pakistan in the ICJ. He said by passing the law, they had proved it to the world that Pakistan was a responsible state.
The government had already enforced the law through promulgation of an ordinance in May last year soon after the ICJ verdict in the Kulbhushan Jadhav case.
Amid stiff resistance offered by opposition parties, the National Assembly’s Standing Committee on Law and Justice on Oct 21, last year, had approved the bill that seeks a review of conviction of Indian spy Jadhav, who has been sentenced to death by a military court for espionage and terrorism.
Similarly, the Standing Committee of the National Assembly on Parliamentary Affairs had cleared the Elections (Amendment) Act, 2021 on June 8 amid the opposition’s protest.
The Elections (Amendment) Bill 2020 was introduced in the National Assembly on Oct 16, 2020 and it was passed by the standing committee concerned on June 8 amid the opposition’s protest.
Major changes proposed in the bill include more financial autonomy to the Election Commission of Pakistan; appeal to the Supreme Court by any aggrieved person on delimitation lists; provision to challenge appointment of polling officers/staff within 15 days of appointment; increase in nomination fee from Rs30,000 to Rs50,000 for National Assembly candidates and from Rs20,000 to Rs30,000 for provincial assembly candidates; vacation of seats of returned candidate if oath is not taken within 60 days of the first sitting of the assembly; voting right for overseas Pakistanis and use of electronic voting machines (EVMs) in elections.
The other bills passed by the assembly included the Financial Institutions (Secured Transactions) (Amendment) Bill 2021; the Port Qasim Authority (Amendment) Bill, 2021; the Gwadar Port Authority (Amendment) Bill, 2021; the Anti-Rape (Investigation and Trial) Bill, 2020 and the Covid-19 (Prevention of Hoarding) Bill, 2020.
The bills are yet to be passed by opposition-dominated Senate.
Published in Dawn, June 11th, 2021
The opposition members staged walkout and pointed out lack of quorum three times, but each time the chair declared the house in order and continued the business, forcing the opposition to resort to noisy protest.
At one stage, the opposition challenged the ruling of Speaker Asad Qaiser on the voice vote on a motion seeking to suspend the rules. The speaker ordered a physical vote count and the opposition faced a defeat with 112-101 vote.
The opposition members gathered in front of the speaker’s dais and raised slogans like “Modi Ka Jo Yar Hai Ghaddar Hai” (Modi’s friend is a traitor) and “Kulbhushan Ko Phansi Do” (Hang Kulbhushan) when Pakistan Muslim League-Nawaz MNA Ahsan Iqbal pointed out that the government had included the bill in the heavy legislative agenda to provide relief to the Indian spy.
National Assembly passes 20 other bills, including Elections (Amendment) Bill; opposition says it may bring vote of no-confidence against chair
The opposition protested over the government’s move to bring the bills on the agenda after suspending the rule that says that the members should be given at least 48 hours before presenting a bill in the National Assembly for passage after presentation of a report on the bill by committee concerned.
The only justification the ministers, including Foreign Minister Shah Mahmood Qureshi, gave was that since the assembly was going into budget session from Friday (today), they did not want to delay their passage as many of the bills were to provide relief to the masses.
“We did whatever we could do to stop you but you are bent upon defacing the history. Therefore, we have decided to boycott the proceedings,” declared Abdul Qadir Patel of the Pakistan Peoples Party (PPP) before the third and last walkout of the opposition when the government had already passed eight bills.
Mr Patel said the opposition was considering to move no-confidence motion against the chair.
Later, the opposition members submitted a no-confidence motion to the NA Secretariat against Deputy Speaker Qasim Suri, who presided over most part of the sitting, for alleged “abusive disregard” of the assembly rules, “collaborating illegally with the treasury members to move the bills that had not been sent to the committees” and for disregarding with mala fide the opposition’s call for quorum.
The opposition had pointed out quorum on four occasions, but the deputy speaker snubbed the opposition and did not order a headcount.
Interestingly, the assembly also passed the Regulation of Generation, Transmission and Distribution of Electric Power (Amendment) Bill 2021, which was on the agenda of the standing committee on power earlier in the day, but could not be taken up due to the absence of Minister for Energy Hammad Azhar.
Shazia Marri of the PPP protested over the government’s move to pass a bill without approval by the committee and asked the treasury members of the committee to say on oath they had passed the bill. She alleged that the bill was being bulldozed to fulfill the agenda of the International Monetary Fund (IMF).
Mr Azhar, however, instead of responding to Ms Marri’s objection, went ahead to present the bill for the passage amid the opposition’s “shame, shame” slogans.
The house also witnessed a rumpus when PPP’s Raja Pervez Ashraf protested over remarks of Foreign Minister Qureshi, who had stated that by opposing the bill to provide relief to Jadhav, the opposition members were toeing the Indian narrative.
“Do you want to give a message to India that half of the country’s population is with India since we had secured votes of half of Pakistanis? Take back your words,” Mr Ashraf said.
PPP Chairman Bilawal Bhutto-Zardari asked the speaker to provide some time to the members to see the bills. He criticised the government for first bringing the bill to provide relief to the Indian spy through an ordinance and then getting it passed through bulldozing the legislation. Similarly, he said, the government should have engaged the opposition if it wanted to give right of vote to overseas Pakistanis and use electronic voting machines (EVMs) in the elections.
Mr Bhutto-Zardari said what guarantee the government members could give that the country’s elections would not be hacked by India or RAW through EVMs.
PPP’s Syed Naveed Qamar questioned the urgency being shown by the government in getting the bills passed.
“Is it the last session of the assembly? Will the assembly be dissolved after the budget?” he asked.
PML-N’s Ahsan Iqbal also objected to the elections (amendment) bill, saying for the first time in the country’s history electoral reforms were being carried out without a national consensus.
About the bill to provide relief to the Indian spy, he said it was a person-specific bill and the name of Kulbhushan Jadhav was mentioned in the Statement of Objects and Reasons of the bill. He said when the country’s law allowed high courts to review the sentences awarded by military courts then what was the need for bringing the law.
Law Minister Farogh Nasim said the bill was being passed in the light of the verdict of the International Court of Justice (ICJ).
Mr Nasim said he was shocked to see the opposition’s behaviour and it seemed that the opposition had not read the ICJ verdict. He said the ICJ had clearly asked Pakistan to make effective legislation to provide the right of review to the Indian spy.
“India wants us to do what you (the opposition) are saying,” said the law minister amid the opposition’s slogans “traitor, traitor”.
Speaking again after passage of the ICJ (Review and Re-consideration) Bill, 2020, aimed at allowing Indian spy Jadhav to have consular access in line with the ICJ verdict, the law minister said had they not passed the bill, India would have gone to the UN Security Council and could have moved contempt proceedings against Pakistan in the ICJ. He said by passing the law, they had proved it to the world that Pakistan was a responsible state.
The government had already enforced the law through promulgation of an ordinance in May last year soon after the ICJ verdict in the Kulbhushan Jadhav case.
Amid stiff resistance offered by opposition parties, the National Assembly’s Standing Committee on Law and Justice on Oct 21, last year, had approved the bill that seeks a review of conviction of Indian spy Jadhav, who has been sentenced to death by a military court for espionage and terrorism.
Similarly, the Standing Committee of the National Assembly on Parliamentary Affairs had cleared the Elections (Amendment) Act, 2021 on June 8 amid the opposition’s protest.
The Elections (Amendment) Bill 2020 was introduced in the National Assembly on Oct 16, 2020 and it was passed by the standing committee concerned on June 8 amid the opposition’s protest.
Major changes proposed in the bill include more financial autonomy to the Election Commission of Pakistan; appeal to the Supreme Court by any aggrieved person on delimitation lists; provision to challenge appointment of polling officers/staff within 15 days of appointment; increase in nomination fee from Rs30,000 to Rs50,000 for National Assembly candidates and from Rs20,000 to Rs30,000 for provincial assembly candidates; vacation of seats of returned candidate if oath is not taken within 60 days of the first sitting of the assembly; voting right for overseas Pakistanis and use of electronic voting machines (EVMs) in elections.
The other bills passed by the assembly included the Financial Institutions (Secured Transactions) (Amendment) Bill 2021; the Port Qasim Authority (Amendment) Bill, 2021; the Gwadar Port Authority (Amendment) Bill, 2021; the Anti-Rape (Investigation and Trial) Bill, 2020 and the Covid-19 (Prevention of Hoarding) Bill, 2020.
The bills are yet to be passed by opposition-dominated Senate.
Published in Dawn, June 11th, 2021
OMB
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Diplomatic Win For India: Pakistan Allows Kulbhushan Jadhav To Appeal Against Conviction
Pakistan's National Assembly has approved a bill allowing Indian national Kulbhushan Jadhav to appeal his conviction in the high courts of the country. The bill seeks to provide further right of review and reconsideration in giving effect to the judgment of the International Court of Justice.
The bill was adopted by the National Assembly on Thursday after approval from the 21-member standing committee. It has been named 'International Court of Justice (Review and Re-consideration) Act.
The Pakistan government had brought an ordinance in the National Assembly earlier in view of the ICJ's ruling in the Kulbhushan Jadhav case. The Act will extend to the whole of Pakistan and shall "come into force at once".
What the bill says
According to the bill, the High Court has the power to review and reconsider where the ICJ in relation to a foreign national passes an order in respect of rights under the Vienna Convention of Consular Relations or a foreign national is aggrieved in respect of the rights available under the same.
Such a foreign national, either himself, through his authorised representative or through a consular officer of a mission of his country, may file a petition before a High Court for review and reconsideration, in terms of Section 3, in regard to an order of conviction or sentence of a Military Court operating under the Pakistan Army, 1952.
Earlier this year, a larger bench of the Islamabad High Court (IHC) had resumed hearing of the case related to Jadhav and four other Indian prisoners who were under detention even after completion of their respective sentences.
In January, the Ministry of External Affairs (MEA) had slammed Pakistan for not acting upon the ICJ's 2019 judgment that had upheld India's claim of the Pakistani regime committing the grievous violation of the Vienna Convention on Consular Relations on several counts regarding Jadhav. India has also lashed out at Pakistan for failing to provide consular access to Jadhav.
Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court in April 2017. Pakistan claims that Jadhav was arrested from Balochistan in 2016 on charges of espionage. India has rejected Pakistan's allegations and said he was kidnapped from the Iranian port of Chabahar.
https://www.indiatimes.com/news/india/pakistan-allows-kulbhushan-jadhav-to-appeal-against-conviction-542482.html
Pakistan's National Assembly has approved a bill allowing Indian national Kulbhushan Jadhav to appeal his conviction in the high courts of the country. The bill seeks to provide further right of review and reconsideration in giving effect to the judgment of the International Court of Justice.
The bill was adopted by the National Assembly on Thursday after approval from the 21-member standing committee. It has been named 'International Court of Justice (Review and Re-consideration) Act.
The Pakistan government had brought an ordinance in the National Assembly earlier in view of the ICJ's ruling in the Kulbhushan Jadhav case. The Act will extend to the whole of Pakistan and shall "come into force at once".
What the bill says
According to the bill, the High Court has the power to review and reconsider where the ICJ in relation to a foreign national passes an order in respect of rights under the Vienna Convention of Consular Relations or a foreign national is aggrieved in respect of the rights available under the same.
Such a foreign national, either himself, through his authorised representative or through a consular officer of a mission of his country, may file a petition before a High Court for review and reconsideration, in terms of Section 3, in regard to an order of conviction or sentence of a Military Court operating under the Pakistan Army, 1952.
Earlier this year, a larger bench of the Islamabad High Court (IHC) had resumed hearing of the case related to Jadhav and four other Indian prisoners who were under detention even after completion of their respective sentences.
In January, the Ministry of External Affairs (MEA) had slammed Pakistan for not acting upon the ICJ's 2019 judgment that had upheld India's claim of the Pakistani regime committing the grievous violation of the Vienna Convention on Consular Relations on several counts regarding Jadhav. India has also lashed out at Pakistan for failing to provide consular access to Jadhav.
Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court in April 2017. Pakistan claims that Jadhav was arrested from Balochistan in 2016 on charges of espionage. India has rejected Pakistan's allegations and said he was kidnapped from the Iranian port of Chabahar.
https://www.indiatimes.com/news/india/pakistan-allows-kulbhushan-jadhav-to-appeal-against-conviction-542482.html
YousafTheBeast
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If what the Indian government has said is true that he was kidnapped inside Iran, then surely the Iranians would’ve said something about the Pakistani’s crossing into their land?
OMB
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They did it: Pakistan's foreign minister blames previous govt of 'complicating' Kulbhushan Jadhav case
Kulbhushan Jadhav, the 51-year-old retired Indian Navy officer, was arrested in March 2016 in Balochistan.
The Kulbhushan Jadhav case was "complicated" by the previous Pakistan Muslim League-Nawaz government, Pakistan's foreign minister Shah Mahmood Qureshi has said. Qureshi also claimed that India was trying to take Pakistan again to the International Court of Justice (ICJ) for not implementing its verdict.
"Pakistan Muslim League-Nawaz (government) complicated the case of Kulbhushan Jadhav," Qureshi said on Sunday, according to news agency ANI, without explaining his comment.
Kulbhushan Jadhav, the 51-year-old retired Indian Navy officer, was arrested in March 2016 in Balochistan. Jadhav was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India has rejected the charges levelled against Jadhav and said he was kidnapped by Pakistani operatives from the Iranian port of Chabahar, where he was running a business. The ICJ stayed Jadhav’s execution in 2018.
India approached the Hague-based ICJ against Pakistan for denial of consular access to Jadhav and challenging his death sentence. The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an "effective review and reconsideration" of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.
https://www.hindustantimes.com/world-news/kulbhushan-jadhav-case-complicated-by-previous-govt-qureshi-101623628937729.html
Kulbhushan Jadhav, the 51-year-old retired Indian Navy officer, was arrested in March 2016 in Balochistan.
The Kulbhushan Jadhav case was "complicated" by the previous Pakistan Muslim League-Nawaz government, Pakistan's foreign minister Shah Mahmood Qureshi has said. Qureshi also claimed that India was trying to take Pakistan again to the International Court of Justice (ICJ) for not implementing its verdict.
"Pakistan Muslim League-Nawaz (government) complicated the case of Kulbhushan Jadhav," Qureshi said on Sunday, according to news agency ANI, without explaining his comment.
Kulbhushan Jadhav, the 51-year-old retired Indian Navy officer, was arrested in March 2016 in Balochistan. Jadhav was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India has rejected the charges levelled against Jadhav and said he was kidnapped by Pakistani operatives from the Iranian port of Chabahar, where he was running a business. The ICJ stayed Jadhav’s execution in 2018.
India approached the Hague-based ICJ against Pakistan for denial of consular access to Jadhav and challenging his death sentence. The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an "effective review and reconsideration" of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.
https://www.hindustantimes.com/world-news/kulbhushan-jadhav-case-complicated-by-previous-govt-qureshi-101623628937729.html
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Islamabad: The Pakistan Parliament, in a joint sitting on Wednesday, passed a bill that will give Indian national Kulbhushan Jadhav the right to appeal against his conviction.
The International Court of Justice (Review and Re-consideration) Bill, 2020, was moved by Law Minister Farogh Nasim. It was passed with a majority vote, Dawn reported.
Mr Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court in April 2017. The International Court of Justice (ICJ) in its judgment on July 17, 2019, observed that Pakistan was under an obligation to provide by means of its own choosing effective review and reconsideration of the conviction and sentence of Mr Jadhav.
The ICJ had ruled that Pakistan was in breach of its international obligations because of the failure to provide consular access to Mr Jadhav.
Pakistan claims that Mr Jadhav was arrested from Balochistan in 2016 on charges of espionage. India has rejected Pakistan's allegations and said he was kidnapped from the Iranian port of Chabahar.The Pakistan National Assembly had on June 10 this year adopted a bill to give the right of appeal to Kulbhushan Jadhav.
The bill seeks to provide a further right of review and reconsideration in giving effect to the judgment of the International Court of Justice, Ary News reported.
It was adopted by the National Assembly after approval from the 21-member standing committee.According to the bill, the High Court has the power to review and reconsider where the ICJ, in relation to a foreign national, passes an order in respect of rights under the Vienna Convention of Consular Relations or a foreign national is aggrieved in respect of the rights available under the same.
NDTV
The International Court of Justice (Review and Re-consideration) Bill, 2020, was moved by Law Minister Farogh Nasim. It was passed with a majority vote, Dawn reported.
Mr Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court in April 2017. The International Court of Justice (ICJ) in its judgment on July 17, 2019, observed that Pakistan was under an obligation to provide by means of its own choosing effective review and reconsideration of the conviction and sentence of Mr Jadhav.
The ICJ had ruled that Pakistan was in breach of its international obligations because of the failure to provide consular access to Mr Jadhav.
Pakistan claims that Mr Jadhav was arrested from Balochistan in 2016 on charges of espionage. India has rejected Pakistan's allegations and said he was kidnapped from the Iranian port of Chabahar.The Pakistan National Assembly had on June 10 this year adopted a bill to give the right of appeal to Kulbhushan Jadhav.
The bill seeks to provide a further right of review and reconsideration in giving effect to the judgment of the International Court of Justice, Ary News reported.
It was adopted by the National Assembly after approval from the 21-member standing committee.According to the bill, the High Court has the power to review and reconsider where the ICJ, in relation to a foreign national, passes an order in respect of rights under the Vienna Convention of Consular Relations or a foreign national is aggrieved in respect of the rights available under the same.
NDTV
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Pakistani govt passes a bill which provides Kulbashan Yadav the right to appeal
So along with the other 32 bills passed yesterday, one very controversial bill they passed was the ICJ bill in which right to appeal has been provided to spies.
So along with the other 32 bills passed yesterday, one very controversial bill they passed was the ICJ bill in which right to appeal has been provided to spies.
Lonewarrior
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Nawaz sharif,
he didnt do what had to be done, we had to go to ICJ becoz of him.
and dont cry foul if civilian court also gives the direction to execute him.
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Islamabad has thwarted New Delhi’s attempt to frustrate the Islamabad High Court proceedings on the compliance of the International Court of Justice (ICJ) directives in the case of Indian spy Kulbhushan Jadhav.
Despite giving a legal option through the promulgation of the International Court of Justice (Review and Reconsideration) Ordinance, 2020 on May 20 last year, neither the spy, nor the Indian High Commission in Pakistan were willing to join the IHC proceedings for reviewing or reconsideration of the conviction awarded by a military court to Jadhav.
To solve the problem of the maintainability of the case pending in the high court after their unwillingness, the federal government in a recently passed law – The International Court of Justice (Review and Reconsideration Act 2021 – inserted that "in default whereof, the secretary ministry of law and justice in an appropriate case may file a petition before the court for review and reconsideration".
This line was not present in the ordinance on the subject. Now, it has been added to the bill, which was passed by a joint sitting of parliament last week.
The new law states that any plea already filed or pending will be treated as a “petition filed” under the new section.
Senior lawyers believe that the new law will cover the question of the maintainability of case pending in the IHC wherein both the convict and the Indian High Commission are unwilling to join the proceedings.
Sources told The Express Tribune that instead of nominating a counsel itself, the government might request the high court to appoint a lawyer to plead the case on behalf of Jadhav soon.
In response to a media query on the Pakistani law, the spokesperson for the Indian ministry of external affair, Shri Arindam Bagchi, said his government had seen reports of Islamabad enacting into law the earlier ordinance that was “ostensibly enacted to bring into effect the judgment of the ICJ in the Jadhav case”.
“Nothing could have been further from the truth. As stated earlier, the ordinance did not create the machinery for an effective review and reconsideration of Shri Jadhav’s case as mandated by the judgement of the ICJ,” he added.
In July 2019, the ICJ had disappointed India by neither annulling Jadhav’s conviction nor referring his matter for retrial.
Instead, it directed Pakistan to take all measures to provide for effective review and reconsideration, including, if necessary, by enacting ‘appropriate legislation’.
The ICJ also believed that this obligation could be carried out in various ways and left the choice of means to Pakistan.
It maintained the stay on the spy’s execution till ‘effective review’.
The court pointed out that respect for principles of fair trial was of cardinal importance in any review and reconsideration, and that, in the circumstances of the present case, it was essential for the review and reconsideration of the conviction and sentence of Jadhav to be effective.
The ICJ also noted that violation of rights set forth in article 36 and its implications for principles of fair trial should be fully examined and properly addressed during the review process.
“In particular, any potential prejudice and the implications for the evidence and the right of defence of the accused should receive close scrutiny during the review and reconsideration,” it added.
Soon after the ICJ verdict, Pakistan’s legal minds evolved options regarding its implementation. First, consular access was given to Jadhav.
Several ideas were also discussed on how to pursue an effective review.
The attorney general for Pakistan’s office submitted a proposal on the promulgation of an ordinance to implement the ICJ directives. Subsequently, the International Court of Justice (Review and
Reconsideration) Ordinance, 2020 was promulgated on May 20 last year.
The ordinance read that a foreign national – either themselves or through their authorised representative or through a consular officer of mission of their country – might file a petition before a high court for a review and reconsideration in terms of Section 3 of an order of conviction or sentence of a military court operating under the Army Act 1952.
It also stated that the petition could be filed within 60 days of the promulgation of the ordinance.
The ordinance further read that in deciding the petition, the court would examine whether any prejudice had been caused to the foreign national in respect of their right to defence, evidence and principles of fair trial due to the denial of consular access according to VCCR.
If any difficulty arises in giving effect to any provision of the ordinance, the president may pass an order as may appear to him to be necessary for the purpose of removing it.
Jadhav was informed about the promulgation of the ordinance and his legal right for review of the military court verdict against him in line with the ICJ judgment.
However, he refused to avail the legal remedy and requested consideration for his mercy plea, which is already pending before the army chief. Later, Pakistan invited India to avail the legal remedy until July 20, 2020.
The federal government moved the IHC for the appointment of a state counsel for Jadhav to implement the ICJ verdict on his conviction.
Since July last year, a three-judge IHC bench led by Chief Justice Athar Minallah is hearing the matter wherein India’s High Commission was given opportunity to engage counsel for the convicted spy.
The IHC also appointed senior lawyers Abid Hassan Minto, Hamid Khan and Makhdoom Ali Khan as amicus for legal assistance in general and, in particular, to ensure that the judgement of the International Court was effectively implemented.
AGP Khalid Jawed Khan rightly pointed out before the IHC that India had defended its eight other convicted citizens in the same court.
“If the trial of Jadhav [by the IHC] is a violation of Indian sovereignty then why is the trial of eight other prisoners not an equal violation,” he noted.
Interestingly, the IHC had ordered the release of all eight Indians.
However, India is unwilling to plead the Jadhav case before the IHC.
https://tribune.com.pk/story/2330500/new-law-on-indian-spy-thwarts-new-delhis-plan
Despite giving a legal option through the promulgation of the International Court of Justice (Review and Reconsideration) Ordinance, 2020 on May 20 last year, neither the spy, nor the Indian High Commission in Pakistan were willing to join the IHC proceedings for reviewing or reconsideration of the conviction awarded by a military court to Jadhav.
To solve the problem of the maintainability of the case pending in the high court after their unwillingness, the federal government in a recently passed law – The International Court of Justice (Review and Reconsideration Act 2021 – inserted that "in default whereof, the secretary ministry of law and justice in an appropriate case may file a petition before the court for review and reconsideration".
This line was not present in the ordinance on the subject. Now, it has been added to the bill, which was passed by a joint sitting of parliament last week.
The new law states that any plea already filed or pending will be treated as a “petition filed” under the new section.
Senior lawyers believe that the new law will cover the question of the maintainability of case pending in the IHC wherein both the convict and the Indian High Commission are unwilling to join the proceedings.
Sources told The Express Tribune that instead of nominating a counsel itself, the government might request the high court to appoint a lawyer to plead the case on behalf of Jadhav soon.
In response to a media query on the Pakistani law, the spokesperson for the Indian ministry of external affair, Shri Arindam Bagchi, said his government had seen reports of Islamabad enacting into law the earlier ordinance that was “ostensibly enacted to bring into effect the judgment of the ICJ in the Jadhav case”.
“Nothing could have been further from the truth. As stated earlier, the ordinance did not create the machinery for an effective review and reconsideration of Shri Jadhav’s case as mandated by the judgement of the ICJ,” he added.
In July 2019, the ICJ had disappointed India by neither annulling Jadhav’s conviction nor referring his matter for retrial.
Instead, it directed Pakistan to take all measures to provide for effective review and reconsideration, including, if necessary, by enacting ‘appropriate legislation’.
The ICJ also believed that this obligation could be carried out in various ways and left the choice of means to Pakistan.
It maintained the stay on the spy’s execution till ‘effective review’.
The court pointed out that respect for principles of fair trial was of cardinal importance in any review and reconsideration, and that, in the circumstances of the present case, it was essential for the review and reconsideration of the conviction and sentence of Jadhav to be effective.
The ICJ also noted that violation of rights set forth in article 36 and its implications for principles of fair trial should be fully examined and properly addressed during the review process.
“In particular, any potential prejudice and the implications for the evidence and the right of defence of the accused should receive close scrutiny during the review and reconsideration,” it added.
Soon after the ICJ verdict, Pakistan’s legal minds evolved options regarding its implementation. First, consular access was given to Jadhav.
Several ideas were also discussed on how to pursue an effective review.
The attorney general for Pakistan’s office submitted a proposal on the promulgation of an ordinance to implement the ICJ directives. Subsequently, the International Court of Justice (Review and
Reconsideration) Ordinance, 2020 was promulgated on May 20 last year.
The ordinance read that a foreign national – either themselves or through their authorised representative or through a consular officer of mission of their country – might file a petition before a high court for a review and reconsideration in terms of Section 3 of an order of conviction or sentence of a military court operating under the Army Act 1952.
It also stated that the petition could be filed within 60 days of the promulgation of the ordinance.
The ordinance further read that in deciding the petition, the court would examine whether any prejudice had been caused to the foreign national in respect of their right to defence, evidence and principles of fair trial due to the denial of consular access according to VCCR.
If any difficulty arises in giving effect to any provision of the ordinance, the president may pass an order as may appear to him to be necessary for the purpose of removing it.
Jadhav was informed about the promulgation of the ordinance and his legal right for review of the military court verdict against him in line with the ICJ judgment.
However, he refused to avail the legal remedy and requested consideration for his mercy plea, which is already pending before the army chief. Later, Pakistan invited India to avail the legal remedy until July 20, 2020.
The federal government moved the IHC for the appointment of a state counsel for Jadhav to implement the ICJ verdict on his conviction.
Since July last year, a three-judge IHC bench led by Chief Justice Athar Minallah is hearing the matter wherein India’s High Commission was given opportunity to engage counsel for the convicted spy.
The IHC also appointed senior lawyers Abid Hassan Minto, Hamid Khan and Makhdoom Ali Khan as amicus for legal assistance in general and, in particular, to ensure that the judgement of the International Court was effectively implemented.
AGP Khalid Jawed Khan rightly pointed out before the IHC that India had defended its eight other convicted citizens in the same court.
“If the trial of Jadhav [by the IHC] is a violation of Indian sovereignty then why is the trial of eight other prisoners not an equal violation,” he noted.
Interestingly, the IHC had ordered the release of all eight Indians.
However, India is unwilling to plead the Jadhav case before the IHC.
https://tribune.com.pk/story/2330500/new-law-on-indian-spy-thwarts-new-delhis-plan
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The Islamabad High Court (IHC) on Thursday gave India another chance to provide counsel to convicted Indian spy Kulbhushan Jadhav in order to implement the decision of the International Court of Justice (ICJ).
The court has now given New Delhi till April 13 to provide the spy with legal representation.
Attorney General of Pakistan (AGP) Khalid Javed Khan stated that India wanted the proceedings to cease so that the case could then go to the ICJ.
IHC Chief Justice Athar Minallah remarked that the decision of the ICJ expressed confidence in the Pakistani judicial system and had left the matter of reviewing the death penalty to Pakistan. He suggested that perhaps India did not understand the decision properly.
A larger bench comprising of Chief Justice Athar Minallah, Justice Amir Farooq and Justice Miangul Hassan Aurangzeb heard the law ministry's request to provide government counsel to Kulbhushan Jadhav in order to implement the IJC's decision – which stated that Pakistan should allow Indian consular officers to have access to him and should arrange for his legal representation.
The AGP appraised the court of the progress made with contacts to India regarding Jadhav.
When asked by the court if an act had been passed in this regard, the AGP stated that an act had been passed on the matter in December last year, according to which the law ministry could file a petition against a foreigner, but India had no interest in providing a lawyer to Jadhav.
The AGP further said that India wanted to embarrass Pakistan, but Islamabad had thwarted all their tactics. CJ Minallah stated that India should treat its citizen as a human being, as Pakistan viewed Jadhav as a human being.
In 2016, Pakistan arrested Indian spy Kulbhushan Jadhav -- a serving officer in the Indian Navy -- in Mashkel in Balochistan, a few miles from the border with Iran.
Disguised as Mubarak Hussein Patel, a Muslim, he was accused of running a spy network for the Research and Analysis Wing (RAW), India's premier intelligence agency, from the Iranian port of Chabahar.
Video confessions of his activities were released by the government and a military court sentenced Jadhav to death in April 2017 on espionage and terrorism charges. His appeal is pending in the Islamabad High Court.
https://tribune.com.pk/story/2346211/india-gets-yet-another-chance-to-appoint-jadhavs-counsel
The court has now given New Delhi till April 13 to provide the spy with legal representation.
Attorney General of Pakistan (AGP) Khalid Javed Khan stated that India wanted the proceedings to cease so that the case could then go to the ICJ.
IHC Chief Justice Athar Minallah remarked that the decision of the ICJ expressed confidence in the Pakistani judicial system and had left the matter of reviewing the death penalty to Pakistan. He suggested that perhaps India did not understand the decision properly.
A larger bench comprising of Chief Justice Athar Minallah, Justice Amir Farooq and Justice Miangul Hassan Aurangzeb heard the law ministry's request to provide government counsel to Kulbhushan Jadhav in order to implement the IJC's decision – which stated that Pakistan should allow Indian consular officers to have access to him and should arrange for his legal representation.
The AGP appraised the court of the progress made with contacts to India regarding Jadhav.
When asked by the court if an act had been passed in this regard, the AGP stated that an act had been passed on the matter in December last year, according to which the law ministry could file a petition against a foreigner, but India had no interest in providing a lawyer to Jadhav.
The AGP further said that India wanted to embarrass Pakistan, but Islamabad had thwarted all their tactics. CJ Minallah stated that India should treat its citizen as a human being, as Pakistan viewed Jadhav as a human being.
In 2016, Pakistan arrested Indian spy Kulbhushan Jadhav -- a serving officer in the Indian Navy -- in Mashkel in Balochistan, a few miles from the border with Iran.
Disguised as Mubarak Hussein Patel, a Muslim, he was accused of running a spy network for the Research and Analysis Wing (RAW), India's premier intelligence agency, from the Iranian port of Chabahar.
Video confessions of his activities were released by the government and a military court sentenced Jadhav to death in April 2017 on espionage and terrorism charges. His appeal is pending in the Islamabad High Court.
https://tribune.com.pk/story/2346211/india-gets-yet-another-chance-to-appoint-jadhavs-counsel
Stewie
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Indians ko sahi tang kia hua hai. The only reason they havent killed him yet is because they want to teach India a lesson. You do this, we wont kill you but it wont be a life worth living. Its worse than death.
He will rot in prison for years before he dies. There is no way he will set foot on his homeland alive. This is creating a lot of anguish for all his loved ones and countrymen but I feel its a dark lesson for India trying to spread terrorism on Pakistani soil.
How many years has it been? Courts ke chakar lagwa rahein hai Indians ke for years, I think its been at least 6 years.
He will rot in prison for years before he dies. There is no way he will set foot on his homeland alive. This is creating a lot of anguish for all his loved ones and countrymen but I feel its a dark lesson for India trying to spread terrorism on Pakistani soil.
How many years has it been? Courts ke chakar lagwa rahein hai Indians ke for years, I think its been at least 6 years.
YousafTheBeast
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Can chaiwallah’s spokesperson [MENTION=76058]cricketjoshila[/MENTION] give us an update on Kulbushan Yadav?
After Modi showed his 56” chest, IK released Abhinandan in fear of escalating the situation with India. Why couldn’t Modi get Kulbushan released?
After Modi showed his 56” chest, IK released Abhinandan in fear of escalating the situation with India. Why couldn’t Modi get Kulbushan released?
cricketjoshila
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Have you heard of Lt col. Habib Zahir?
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