India Abandons Its Citizen in Pakistan

It seems like India has abandoned its citizen in Pakistan as it has not yet appointed a counsel for spy Kulbhushan Jadhav despite several reminders.

Jadhav was a serving commander of the Indian Navy associated with the Indian spy agency Research and Analysis Wing (RAW).

He was arrested on March 3, 2016, and awarded a death sentence by a military court in 2017.

Later, he refused to file an appeal against the decision of the military court despite Pakistani authorities offered him to do so.

India had requested to appoint an Indian lawyer for Jadhav but only a lawyer holding license of a respective high court can appear before it.

An Indian counsel is only authorized to assist the counsel for the spy who will be a Pakistani.

Attorney General of Pakistan (AGP) Khalid Javed informed Islamabad High Court (IHC) yesterday that India had given no response to another offer of Pakistan to appoint a lawyer for proceeding on the review petition regarding the conviction of Kulbhushan Jadhav.

He also displayed the documents sent by the Pakistani government to India.

AGP iterated that the high court, in its judgment on May 5, instructed the government to approach India for appointing a lawyer for the spy.

Hence, the court remarked that the appointment of a lawyer is in line with the established rule of the International Court of Justice (ICJ), asking what should be done in this situation.

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AGP replied that the federal government is of the view that the high court should appoint a lawyer for Kulbhushan Jadhav now.

AGP referred to various court decisions and said any foreign military prisoner has the right to a fair trial according to the Vienna Convention.

However, India hasn’t appointed a lawyer so far to appeal against the decision of the military court and apparently abandoned its citizen in Pakistan.

The high court bench asked how the government will handle the matter if it goes to ICJ when the case is pursued by a Pakistani lawyer.

Justice Miangul Hasan Aurangzeb remarked they sent notices to Indian spy and the Indian government but both overlooked them, asking how a fair trial will be possible then.

AGP said the government requested the court to appoint a lawyer who will file a review petition on behalf of an Indian spy.

He added a foreign lawyer cannot appear before Pakistani courts and suggested India could appoint a lawyer from Pakistan to pursue Kulbhushan’s case.

The court adjourned the case after instructing the government to send another reminder to Kulbhushan Jadhav and the Indian government.