The Islamabad High Court (IHC) on Tuesday sought the assistance of the Attorney General in a case related to the appointment of a defence counsel for Indian spy and agent of intelligence agency Research and Analysis Wing (RAW) Kulbhushan Jadhav.
According to the details, the larger bench of the high court comprising Chief Justice Athar Minallah, Justice Amir Farooq and Justice Mian Gull Hassan Aurangzeb heard the case.
The court remarked that Judicial assistance should be provided in the light of the precedents of the International Court of Justice.
During the hearing, the AG said, “Providing a fair trial is part of our law,” adding that,” However, it seems that India is not interested in Kulbhushan Jadhav’s case.”
The bench emphasized that the federal government should play its role in the matter.
The Attorney General briefed the court that, India is only trying to find fault in our proceedings.
After hearing the arguments the court adjourned the case till November 9.
Kulbhushan’s Confession And Trial
The government arrested Jadhav alias Hussein Mubarak Patel in the province of Balochistan on charges of terrorism and spying for India‘s intelligence agency, the Research and Analysis Wing (RAW).
The government stated that he was a serving commander in the Indian Navy who was involved in subversive activities inside Pakistan and was arrested on March 3, 2016, during a counter-intelligence operation in Mashkel, Balochistan.
The Indian government recognized Jadhav as a former naval officer but denied any current links with him and maintained that he took premature retirement and was abducted from Iran.
On March 25, 2016, the Inter-Services Public Relations (ISPR) released the confessional statement of Jadhav where he claimed to be a serving Indian Navy officer.
“By 2002, I commenced intelligence operations. In 2003, I established a small business in Chabahar in Iran,” he admitted. “As I was able to achieve undetected existence and visits to Karachi in 2003 and 2004. Having done some basic assignments within India for RAW, I was picked up by RAW in 2013 end”.
He said his purpose was to meet Baloch insurgents and carry out “activities with their collaboration”.
On April 8, 2017, ISPR lodged a first information report (FIR) against him whereas on April 11, 2017, Chief of Army Staff (COAS) General Qamar Javed Bajwa had confirmed the death sentence of Jadhav who was tried through Field General Court Martial (FGCM) under Pakistan Army Act (PAA). He was tried under section 59 of the Pakistan Army Act (PAA) 1952 and Section III of the official Secret Act of 1923.
FGCM found Kulbushan SudhirYadhav guilty of all the charges. He confessed before a Magistrate and the Court that he was tasked by RAW to plan, coordinate and organize espionage and sabotage activities aiming to destabilize and wage war against Pakistan by impeding the efforts of Law Enforcement Agencies for restoring peace in Balochistan and Karachi.
Then on May 8, 2017, India approached the ICJ against Pakistan for denying consular access to Jadhav.
Later on May 18, 2017, the ICJ stayed the execution pending the final judgment on the case, and even on July 13, 2018, ICJ stayed Kulbhushan Jadhav’s execution in Pakistan.
However, on June 22, 2017, Jadhav gave a second confessional statement where he confessed to carrying out subversive activities in Balochistan.
On Feb 22, 2019, ICJ reserved its judgment in Jadhav case whereas they are going to rule the verdict today on July 17, 2019.