ISLAMABAD: The Islamabad High Court (IHC) on Thursday gave another chance to India to engage defence counsel for spy Kulbhushan Jadhav.

A larger bench of the high court comprising Chief Justice Athar Minallah, Justice Amir Farooq, and Justice Mian Gull Hassan Aurangzeb heard the case.

“The Government of Pakistan shall once again convey the orders passed in this petition to the Government of India to enable the latter to consider taking appropriate measures in order to ensure compliance with the judgement of the International Court,” the bench said in its verdict issued after the hearing.

Attorney General Khalid Javed Khan stated before the court that the Government of Pakistan offered Delhi third consular access to the RAW agent to ensure implementation of the International Court of Justice (ICJ) judgement in letter and spirit but received no response. India still has the option to accept or reject the offer, he added.

He submitted that the federal government wants Indian High Commission in Islamabad to appoint legal representative for Jadhav but Delhi doesn’t want to benefit from legal assistance extended to the spy. He informed that Jadhav has also not changed his decision of not engaging any defence counsel.

IHC, while ordering the government to send its order to India regarding Jadhav, adjourned the hearing till October 3. It is to be noted that on July 17, 2019, the ICJ had rejected remedies sought by India, including annulment of military court decision convicting Kulbhushan Jadhav, his release and safe passage to India.

The tribunal in The Hague ordered an "effective review and reconsideration of the conviction and sentence of Kulbhushan Sudhir Jadhav". The judge remarked that Pakistan and India are signatories of the Vienna Convention.

"A continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Kulbhushan Sudhir Jadhav," it ruled.

The court while finding Jadhav guilty of committing terrorist activities inside Pakistan, ordered that the Indian spy cannot be handed over to India. Kulbhushan will remain in Pakistan’s custody, it ruled.

Pakistani team headed by the attorney general was present in the courtroom. The team also included then Foreign Office Spokesperson Dr Muhammad Faisal.

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.

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 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 Pakistan Army Act (PAA) 1952 and Section III of 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.

On May 8, 2017, India approached the ICJ against Pakistan for denying consular access to Jadhav. 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.

On June 22, 2017, Jadhav gave a second confessional statement where he confessed to carrying out subversive activities in Balochistan. NNI