ISLAMABAD: The Islamabad High Court (IHC), while hearing the review petition in the Kulbushan Jadhav case, has given India and Jadhav an opportunity to clarify their respective stances before the court in reference to the facilitation to be granted to Jadhav in line with the ruling of the International Court of Justice (ICJ).
Giving out the order, the IHC’s larger bench, comprising of Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Miangul Hassan Aurangzaid stated that a second opportunity needs to be extended to remove any doubts and ensure the requirements of a fair trial.
“In order to remove any doubt, and to fulfil the requirements of a fair trial, we feel that another opportunity ought to be extended to the Government of India to consider taking appropriate measures so as to ensure effective compliance with the judgment of the International Court. It is also important to give an assurance to Commander Jadhav that his rights, particularly the right to a fair trial, is an integral factor of a effective review and reconsideration for a meaningful compliance with the judgment of the International court. We, therefore, yet again restrain ourselves from proceeding in the matter in hand”, read the court order.
The court directed the Attorney General of Pakistan to ensure that a copy of the order if provided to Jadhav, must be passed on to the Government of India.
“They are expected to assist the court on the status of compliance with the judgment of the international court in the event that Commander Jadhav or the Government of India decide against availing the remedy provided under the Ordinance of 2020”, the court order read.
“We are of the opinion that these proceedings and judicial review, on the basis of the judgment 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 judgment of the international court”, the order added.
The Attorney General of Pakistan (AGP) Khalid Javed Khan, informed the court that “Commander Jadhav has reiterated his earlier stance and has preferred to pursue the remedy of clemency instead of invoking his right under the Ordinance 2020”.
AGP Khan also stated that Pakistan is still waiting for a response from the Indian side on the Kulbushan Jadhav case while Jadhav has opted to stick to his mercy plea, which is already pending with the Pakistan Army Chief. “Pakistan is continuing the process of implementing the ICJ judgment but, apparently, India is busy obstructing the right to review”, he added.
The IHC adjourned the hearing till October 6, giving an opportunity for Jadhav and India to respond to Pakistan’s request to assist the court proceedings.
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