The Islamabad High Court (IHC) has directed the federal government to contact the Indian government through the Foreign Office in the case of detained Indian spy Kulbhushan Jadhav.
A three-member bench of the Islamabad High Court (IHC) headed by Chief Justice Athar Minallah heard a petition seeking the release of four Indian nationals imprisoned in Pakistan.
Chief Justice Athar Minallah remarked that it seems that the Indian government has a misunderstanding about the proceedings of the court.
The Chief Justice directed the Government of Pakistan to contact India to clear up their misunderstanding.
During the hearing, Chief Justice Athar Minallah asked the lawyer of the Indian High Commission whether he had told India in the Kulbhushan Jadhav case.
To which the lawyer of the Indian High Commission replied that the Indian authorities are of the view that the jurisdiction of the court does not fall in this case.
Chief Justice Athar Minallah remarked that the life of an Indian citizen is in question.
The Chief Justice remarked that this is not just a matter of jurisdiction of the court but the implementation of the decision of the International Court of Justice.
He remarked that this court wants to implement the decision of the International Court of Justice.
Chief Justice Athar Minallah further remarked that the petition in the International Court of Justice was filed by India itself and the case in this court is for implementation of the decision of the International Court of Justice.
In addition, the Additional Attorney General told the court that India has appointed lawyers for 8 Indian nationals but they have a misunderstanding in the Kulbhushan Jadhav case.
Chief Justice Athar Minallah remarked that if India does not want to follow the International Court of Justice regarding Kulbhushan Jhadav, it should also tell.
He further remarked that according to the decision of the International Court of Justice, India should have approached this court.
The Chief Justice remarked that from the miscellaneous petition, it seems that India did not understand the proceedings of this court.
The Islamabad High Court has ordered to set the case for hearing along with the Kulbhushan Jadhav case.
During the hearing, Barrister Shahnawaz Noon told the court that four petitioners have been sent to India.
Chief Justice Athar Minallah remarked that in the case of Kulbhushan Jadhav, the government should be contacted and then the petition should be disposed of.
The court later adjourned the case till May 5.
Indian spy Kulbhushan Jadhav, a serving Indian Navy officer, was arrested in Balochistan in March 2016 on charges of spying for his country’s intelligence agency RAW.
Field General Court Martial in Pakistan on April 10, 2017, sentenced Kulbhushan Yadav to death for promoting terrorism in Balochistan and Karachi.
India later appealed to the International Court of Justice (ICJ) against the verdict and the ICJ stayed the execution on May 18, 2017, pending a final decision in the matter.
On July 17, 2019, the ICJ rejected India’s appeal for the release of Kulbhushan Jadhav but ordered Pakistan to suspend the execution of the Indian spy.
It also ordered that Pakistan must review the entire trial and sentencing process and provide consular access to India.