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Jadhav can engage Pakistan lawyer: Court

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Tribune News Service
New Delhi, August 3

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A Pakistan court has allowed India to hire a lawyer to file a review petition against former Indian Navy officer Kulbhushan Jadhav’s conviction. “However, as things stand, an Indian lawyer may not be allowed to argue the case in Pakistan courts,” Pakistan Attorney General Khalid Javed Khan told the media.

On death row

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  • The International Court of Justice had ordered Pakistan to reopen the case as Jadhav had been denied the right to consular access

  • Jadhav was in 2017 sentenced to death by a Pak military court on charge of being an Indian spy engaged in subversive activities

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  • Pak claims Jadhav twice declined to file a review petition; India says he was being coerced into making such statements

The civilian court was to hear a plea submitted by the Pakistan Government against a military court sentencing Jadhav to death. The International Court of Justice (ICJ) had ordered Pakistan to reopen the case as Jadhav’s right to consular access had been denied.

Pakistan had filed the plea on the basis of a Presidential Ordinance that allows a review of a decision of the military court in a civilian court. The ordinance was approved specifically to allow Jadhav to challenge the military court awarding him the death sentence.

“The court has said that if the Indian Government wants to engage a counsel, then they should be allowed to do so,’’ said the Attorney General. “Only Pakistani lawyers entitled to practice in Pakistan will be allowed. An Indian legal representative is not an option for now. Let’s see who they engage,’’ he remarked when asked whether an Indian lawyer would be allowed.

The court has set the next date of hearing on September 3, giving a month to India and Pakistan to engage on the issue. The ordinance has become a bone of contention in Pakistan politics with the Opposition accusing the Pakistan Government of trying to cut a deal with India to send Jadhav back.

But the ruling party blames Nawaz Sharif, the then PM, for approaching the ICJ. “Had one party not accepted the ICJ’s jurisdiction, matters would not have come to such a pass since the case would not have been heard,” Pakistan Cabinet Minister Shireen Mazari has held.

Pakistan claims that Jadhav twice declined to file a review petition. India says Jadhav’s two meetings with Indian diplomats had shown that he was under duress.

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