Pakistan has rejected India's request on Kulbhushan Jadhav, India had requested to have an Indian lawyer for Jadhav.

Pakistan: Indian lawyers can't represent Kulbhushan Jadhav

Pakistan has invited India for September 3 Kulbhushan Jhadav proceedings at the Islamabad high court and offered unimpeded and unhindered consular access with no mandatory use of English as a medium for conversation.

The Pakistani govt in the latest offer on Thursday evening to New Delhi in the Jadhav case also conveyed that New Delhi can appoint a lawyer of its own choice to fight the case.&nbsp;

Also read |&nbsp;<a href="https://www.wionews.com/south-asia/pak-court-appoints-three-senior-lawyers-as-amici-curiae-in-jadhavs-case-318096#:~:text=We%20appoint%20Mr%20Abid%20Hassan,general%20and%2C%20in%20particular%2C%20to">Pak court appoints three senior lawyers as amici curiae in Jadhav's case</a>

The Pakistani govt in the proposal for consular access said willing to give "unimpeded" and "unhindered" access without any "glass barrier" and conversation that can happen in any language. This is a departure from the previous stance of the Pakistani govt when it said, the mode of language for talks between Jhadav and Indian Diplomats should be only English.

The Pakistani offer is in light of the Islamabad high court order who while taking up Pakistani govt's petition for appointment of its own lawyer said Indian govt should be "authorized" to arrange a lawyer for the case. The next date of the case is September 3 at 2.30 PM Indian standard time.

Pakistani Attorney General Khalid Javed Khan speaking to media outside the court on Monday said, "Court said, if India wants to engage lawyer, it can do. Federal govt also wants that. Only Pakistani lawyers can be allowed"

In the month of May, Pakistan had come up with an ordinance to implement the International Court of Justice (ICJ) verdict of last year. Under the ordinance, India on behalf of Jhadav can file review for the case. In fact, New Delhi had appointed a Pakistani lawyer to fight the case in Pakistan court but the person was not given relevant legal document.&nbsp;

India did try to file a petition on 18th July, just 2 days before the ordinance expires, but in absence of power of attorney and supporting legal documents, the could not be done. While Pakistan had called Indian diplomats to meet Jhadav terming as "consular access" before the ordinance expires, the Ministry of external affairs has said that the meet was scuttled by Pakistan authorities.

The MEA said,"The Consular Officers were instructed not to hand over any document to Shri Jadhav. Hence, the Indian Consular Officers could not obtain a Power of Attorney from Shri Jadhav."

India maintains that Jadhav was abducted by Pakistani agencies from Iran and New Delhi was first informed about his custody by Pakistani authorities on 25th March 2016, after which in 2017, Islamabad announced that military has awarded death sentence to him.

Pakistan has invited India for September 3 Kulbhushan Jhadav proceedings at the Islamabad high court and offered unimpeded and unhindered consular access with no mandatory use of English as a medium for conversation.

Pakistan has invited India for September 3 Kulbhushan Jhadav proceedings at the Islamabad high court and offered unimpeded and unhindered consular access with no mandatory use of English as a medium for conversation. The Pakistani govt in the latest offer on Thursday evening to New Delhi in the Jadhav case also conveyed that New Delhi can appoint a lawyer of its own choice to fight the case. Also read | Pak court appoints three senior lawyers as amici curiae in Jadhav's case The Pakistani govt in the proposal for consular access said willing to give "unimpeded" and "unhindered" access without any "glass barrier" and conversation that can happen in any language. This is a departure from the previous stance of the Pakistani govt when it said, the mode of language for talks between Jhadav and Indian Diplomats should be only English. The Pakistani offer is in light of the Islamabad high court order who while taking up Pakistani govt's petition for appointment of its own lawyer said Indian govt should be "authorized" to arrange a lawyer for the case. The next date of the case is September 3 at 2.30 PM Indian standard time. Pakistani Attorney General Khalid Javed Khan speaking to media outside the court on Monday said, "Court said, if India wants to engage lawyer, it can do. Federal govt also wants that. Only Pakistani lawyers can be allowed" In the month of May, Pakistan had come up with an ordinance to implement the International Court of Justice (ICJ) verdict of last year. Under the ordinance, India on behalf of Jhadav can file review for the case. In fact, New Delhi had appointed a Pakistani lawyer to fight the case in Pakistan court but the person was not given relevant legal document. India did try to file a petition on 18th July, just 2 days before the ordinance expires, but in absence of power of attorney and supporting legal documents, the could not be done. While Pakistan had called Indian diplomats to meet Jhadav terming as "consular access" before the ordinance expires, the Ministry of external affairs has said that the meet was scuttled by Pakistan authorities. The MEA said,"The Consular Officers were instructed not to hand over any document to Shri Jadhav. Hence, the Indian Consular Officers could not obtain a Power of Attorney from Shri Jadhav." India maintains that Jadhav was abducted by Pakistani agencies from Iran and New Delhi was first informed about his custody by Pakistani authorities on 25th March 2016, after which in 2017, Islamabad announced that military has awarded death sentence to him.

Pakistan invites India to be part of Sep 3 Kulbhushan Jadhav case proceedings; offers consular access

A special bench of Islamabad high court on Monday directed Pakistani govt to not only inform Kulbhushan Jadhav of his right to avail "statutory remedy" but also "authorize" Indian govt to arrange a lawyer for the case. The special bench consisted of Islamabad high court Chief Justice Athar Minallah &amp; Justice Miangul Hassan Aurangzeb.

The high court in its order said," The Government of Pakistan shall once again inform Commander Jadhav regarding his rights under Article 36 of the Convention and the judgment of the International Court will also be brought to his attention. He shall be specifically informed regarding his right to avail the statutory remedy provided under the Ordinance of 2020 and to authorize the Government of India to arrange legal representation on his behalf."

Also read |&nbsp;<a href="https://www.wionews.com/south-asia/islamabad-high-court-adjourns-kulbhushan-jadhav-case-till-september-3-317861">Islamabad High Court adjourns Kulbhushan Jadhav case till September 3</a>

Pakistani govt had gone to Islamabad high court to get a lawyer under an ordinance announced by it in May. The ordinance sought to implement the international court of justice verdict of last year that called for the review of the order given out by a military court on Jadhav.

The order asked Pakistani govt to communicate High court's order to Indian govt and it "shall be at liberty to make appropriate arrangements on behalf of" Jadhav in the "context of the Convention, read with the statutory right made available under the Ordinance of 2020, so as to give effect to the judgment of the International Court."

India did try to file a petition on 18th July via its Pakistani lawyer under the ordinance but in absence of power of attorney and supporting legal documents, this could not be done. The ordinance had a time period of 60 days with 20th July being the last date to file the petition.

While Pakistan had called Indian diplomats to meet also before the ordinance expires, the Ministry of external affairs has said that the meet was scuttled by Pakistan authorities. The MEA said, "The Consular Officers were instructed not to hand over any document to Shri Jadhav. Hence, the Indian Consular Officers could not obtain a Power of Attorney from Shri Jadhav."

The Islamabad high court also said that it expects "right to a fair trial" for Jadhav "will be respected and utmost care will be exercised while making statements, verbal or in writing, reporting by print and electronic media".

The next hearing of the case at the Islamabad HC will take place on September 3 at 2:30 PM Indian Standard Time. 
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A special bench of Islamabad high court on Monday directed Pakistani govt to not only inform Kulbhushan Jadhav of his right to avail "statutory remedy" but also "authorize" Indian govt to arrange a lawyer for the case.

A special bench of Islamabad high court on Monday directed Pakistani govt to not only inform Kulbhushan Jadhav of his right to avail "statutory remedy" but also "authorize" Indian govt to arrange a lawyer for the case. The special bench consisted of Islamabad high court Chief Justice Athar Minallah & Justice Miangul Hassan Aurangzeb. The high court in its order said," The Government of Pakistan shall once again inform Commander Jadhav regarding his rights under Article 36 of the Convention and the judgment of the International Court will also be brought to his attention. He shall be specifically informed regarding his right to avail the statutory remedy provided under the Ordinance of 2020 and to authorize the Government of India to arrange legal representation on his behalf." Also read | Islamabad High Court adjourns Kulbhushan Jadhav case till September 3 Pakistani govt had gone to Islamabad high court to get a lawyer under an ordinance announced by it in May. The ordinance sought to implement the international court of justice verdict of last year that called for the review of the order given out by a military court on Jadhav. The order asked Pakistani govt to communicate High court's order to Indian govt and it "shall be at liberty to make appropriate arrangements on behalf of" Jadhav in the "context of the Convention, read with the statutory right made available under the Ordinance of 2020, so as to give effect to the judgment of the International Court." India did try to file a petition on 18th July via its Pakistani lawyer under the ordinance but in absence of power of attorney and supporting legal documents, this could not be done. The ordinance had a time period of 60 days with 20th July being the last date to file the petition. While Pakistan had called Indian diplomats to meet also before the ordinance expires, the Ministry of external affairs has said that the meet was scuttled by Pakistan authorities. The MEA said, "The Consular Officers were instructed not to hand over any document to Shri Jadhav. Hence, the Indian Consular Officers could not obtain a Power of Attorney from Shri Jadhav." The Islamabad high court also said that it expects "right to a fair trial" for Jadhav "will be respected and utmost care will be exercised while making statements, verbal or in writing, reporting by print and electronic media". The next hearing of the case at the Islamabad HC will take place on September 3 at 2:30 PM Indian Standard Time.

Kulbhushan Jadhav case: Islamabad HC directs Pak govt to 'authorise' India to arrange lawyer

The Pakistan government on Friday defended the ordinance promulgated to enable Indian national Kulbhushan Jadhav to file a review petition against his death sentence as a move to stop India from going to the UN against Islamabad.

Law Minister Farogh Naseem's remarks in Parliament came a day after the Opposition criticised the government for "facilitating" Jadhav through a special law.

Also read |&nbsp;<a href="https://www.wionews.com/south-asia/kulbhushan-jadhav-case-now-pakistan-seeks-lawyer-icj-says-judgement-final-315186">Kulbhushan Jadhav case: Now, Pakistan seeks lawyer; ICJ says judgement final</a>

The Opposition parties staged a walkout from Parliament to protest against the ordinance promulgated by the government in view of the International Court of Justice's ruling in the case of Jadhav.

Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.

The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an "effective review and reconsideration" of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.

Pakistan enacted the ordinance on May 20.

Law Minister Naseem told Parliament that the ordinance was promulgated to implement the judgment of the ICJ.

Jadhav's sentence "had not been forgiven" through the ordinance which, he said, has effectively stopped India from going to the UN Security Council against Pakistan.

"India has already made preparations (to go to the UNSC) if we do not do this. India wanted that Pakistan not follow the ICJ judgement so that they could approach the UNSC for bringing all kinds of resolutions, sanctions and declare Pakistan a rogue state,"&nbsp;Naseem said.

He said it was obligatory for Pakistan to follow the ICJ verdict as it was part of the international community.

"If we had not promulgated this ordinance, then India could use Article 94 of UNSC and Article 60 of ICJ statute. Pakistan has done this responsibly," he said.

Naseem said that he wanted to clarify the circumstances under which the law was brought so that the Opposition could understand it.

"We have not forgiven any sentence or stopped proceedings (against Jadhav). We have to follow the ICJ's decision as a responsible state,"&nbsp;he said, adding that the law was futuristic so that if a similar situation arose, the affected party should go to a court in Pakistan rather than to the ICJ.

The Pakistan government, in a unilateral move, filed a petition in the Islamabad High Court on Wednesday, seeking appointment of a "legal representative" for Jadhav.

However, the main parties, including the government of India, were not consulted ahead of the filing of the application by the Ministry of Law and Justice under the ordinance.

In New Delhi, External affairs ministry spokesperson Anurag Srivastava on Thursday said Pakistan has once again exposed its "farcical" approach by denying available legal remedies to Jadhav against his death sentence which is also in contravention of the ICJ verdict.

He asserted that India will explore further options in the case.

Srivastava said Pakistan has blocked all the avenues for an effective remedy available to India in the case, while noting that New Delhi has so far requested consular access to Jadhav for 12 times over the past one year.

"The whole exercise of not providing documents related to the case even after repeated requests, not providing an unimpeded consular access and some reported unilateral action of approaching the High Court on part of Pakistan again exposes the farcical nature of Pakistan's approach," he said.

The MEA spokesperson said Pakistan is not only in violation of the judgment of ICJ, but also of its own Ordinance.

"Pakistan has completely failed to provide the remedy as directed by the ICJ and India reserves its position in the matter, including its rights to avail of further remedies," Srivastava added.

Pakistan Foreign Office spokesperson Aisha Farooqui, however, claimed that the "necessary steps"&nbsp;have been taken to implement the verdict of the ICJ.

Pakistan last week provided second consular access to Jadhav, but the Indian government said the access was "neither meaningful nor credible" and the death row prisoner appeared visibly under stress. 
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The Pakistan government on Friday defended the ordinance promulgated to enable Indian national Kulbhushan Jadhav to file a review petition against his death sentence as a move to stop India from going to the UN against Islamabad.

The Pakistan government on Friday defended the ordinance promulgated to enable Indian national Kulbhushan Jadhav to file a review petition against his death sentence as a move to stop India from going to the UN against Islamabad. Law Minister Farogh Naseem's remarks in Parliament came a day after the Opposition criticised the government for "facilitating" Jadhav through a special law. Also read | Kulbhushan Jadhav case: Now, Pakistan seeks lawyer; ICJ says judgement final The Opposition parties staged a walkout from Parliament to protest against the ordinance promulgated by the government in view of the International Court of Justice's ruling in the case of Jadhav. Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017. India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence. The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an "effective review and reconsideration" of the conviction and sentence of Jadhav and also to grant consular access to India without further delay. Pakistan enacted the ordinance on May 20. Law Minister Naseem told Parliament that the ordinance was promulgated to implement the judgment of the ICJ. Jadhav's sentence "had not been forgiven" through the ordinance which, he said, has effectively stopped India from going to the UN Security Council against Pakistan. "India has already made preparations (to go to the UNSC) if we do not do this. India wanted that Pakistan not follow the ICJ judgement so that they could approach the UNSC for bringing all kinds of resolutions, sanctions and declare Pakistan a rogue state," Naseem said. He said it was obligatory for Pakistan to follow the ICJ verdict as it was part of the international community. "If we had not promulgated this ordinance, then India could use Article 94 of UNSC and Article 60 of ICJ statute. Pakistan has done this responsibly," he said. Naseem said that he wanted to clarify the circumstances under which the law was brought so that the Opposition could understand it. "We have not forgiven any sentence or stopped proceedings (against Jadhav). We have to follow the ICJ's decision as a responsible state," he said, adding that the law was futuristic so that if a similar situation arose, the affected party should go to a court in Pakistan rather than to the ICJ. The Pakistan government, in a unilateral move, filed a petition in the Islamabad High Court on Wednesday, seeking appointment of a "legal representative" for Jadhav. However, the main parties, including the government of India, were not consulted ahead of the filing of the application by the Ministry of Law and Justice under the ordinance. In New Delhi, External affairs ministry spokesperson Anurag Srivastava on Thursday said Pakistan has once again exposed its "farcical" approach by denying available legal remedies to Jadhav against his death sentence which is also in contravention of the ICJ verdict. He asserted that India will explore further options in the case. Srivastava said Pakistan has blocked all the avenues for an effective remedy available to India in the case, while noting that New Delhi has so far requested consular access to Jadhav for 12 times over the past one year. "The whole exercise of not providing documents related to the case even after repeated requests, not providing an unimpeded consular access and some reported unilateral action of approaching the High Court on part of Pakistan again exposes the farcical nature of Pakistan's approach," he said. The MEA spokesperson said Pakistan is not only in violation of the judgment of ICJ, but also of its own Ordinance. "Pakistan has completely failed to provide the remedy as directed by the ICJ and India reserves its position in the matter, including its rights to avail of further remedies," Srivastava added. Pakistan Foreign Office spokesperson Aisha Farooqui, however, claimed that the "necessary steps" have been taken to implement the verdict of the ICJ. Pakistan last week provided second consular access to Jadhav, but the Indian government said the access was "neither meaningful nor credible" and the death row prisoner appeared visibly under stress.

Pakistan defends Kulbhushan Jadhav's review petition, says decision taken to prevent India approach UN

India's lead counsel on the Kulbhushan Jadhav case Harish Salve has said New Delhi might have to go back to International Court of Justice (ICJ) to get directions for Pakistan to implement the judgement of the case. "We have reached the point that we may have to go to ICJ for consequential direction. Because Pakistan has not moved", Salve said.

Harish Salve: Might have to go back to ICJ over Kulbhushan Jadhav case