India fails to meet IHC deadline to appoint lawyer for Spy Jadhav

India has failed to meet the deadline given by the Islamabad High Court to appoint the lawyer for its spy and agent of intelligence agency Research and Analysis Wing (RAW) Kulbhushan Jadhav.

According to details, India has not allotted any lawyer to Jadhav so far. However, the IHC will again hear the matter today. The Foreign Office had sent a letter to the Indian High Commission on the orders of the IHC.

On 3rd September 2020, Chief Justice of the Islamabad High Court ordered to give India another chance to appoint a lawyer to defend Kulbhushan Jhadav so that no doubt remains.

A larger bench of the Islamabad High Court comprising Chief Justice Athar Minallah, Justice Amir Farooq and Justice Mian Gul Hassan Aurangzeb heard the federal government’s request for the appointment of a lawyer for Kulbhushan Jhadav.

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During the hearing, Attorney General Khalid Javed argued that Kulbhushan Jhadav did not want to exercise his right of appeal and letters had been written to the Indian embassy in this regard.

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The Attorney General told the court that the government of Pakistan had informed India and Kulbhushan Jhadav of the orders of the Islamabad High Court on August 6, 2020, but the federal government had not yet received any response from India.

He further said that even Kulbhushan Jhadav did not change his decision not to appoint a legal representative which made it seem that India wanted to embarrass Pakistan.

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The Attorney General said that India also did not want to take advantage of the facility provided to Kulbhushan Jhadav for legal assistance.

During the hearing, he said that India was running away from the decision of the International Court of Justice and that is why a month had passed but no response was given.

The Attorney General told the court that Pakistan’s actions are in line with the decision of the International Court of Justice, we have two possibilities, one is that the court appoints a legal representative or we wait for India’s response.

Khalid Javed said that India did not respond to the offer to appoint Kulbhushan as a lawyer under the ordinance. Pakistan gave Consular access for the third time but Kulbhushan Jhadav refused.

He further said that India has no interest in fighting the case but the government of Pakistan still wants India or Kulbhushan Jhadav to appoint a legal representative himself.

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.