Pakistan will change legal team that lost Round 1 to India at ICJ

(THIS ARTICLE IS COURTESY OF THE HINDUSTAN TIMES NEWS)

Kulbhushan Jadhav case: Pakistan will change legal team that lost Round 1 to India at ICJ

The Hague-based court had on Thursday stayed the execution of Jadhav, 46, considered to be a spy by Pakistan.

WORLD Updated: May 19, 2017 23:09 IST

Imtiaz Ahmad
Imtiaz Ahmad
Hindustan Times, Islamabad
Kulbhushan Jadhav

A boy watches as television channels that show news about International Court of Justice hearing the case of former Indian naval officer Kulbhushan Jadhav.(AP Photo)

Pakistan’s foreign policy chief Sartaj Aziz has said a new team of lawyers will be formed to present the case against Kulbhushan Jadhav at the International Court of Justice even as opposition parties blasted the government for its handling of the matter.The current legal team was widely criticised after the ICJ ordered Pakistan on Thursday to stay Jadhav’s execution till its final decision on India’s petition to annul his death sentence. Opposition parties sought the team’s immediate removal.

Aziz said a new team of lawyers will be constituted to “present Pakistan’s stance vigorously” at the ICJ. “Pakistan’s security is so important and we have to maintain our fundamental sovereign right,” he told Samaa news channel.

He also defended the existing legal team, saying it had “courageously presented Pakistan’s stance”.

Some senior lawyers said authorities had started sending out feelers about setting up the new legal team. “Some law firms have been approached by the ministry of law to discuss such a possibility,” said a law ministry official in Islamabad.

There was also discussion about hiring a foreign law firm with a record of handling cases at The Hague-based ICJ.

“The consensus emerging in Pakistan is that while the country has a case, it was the legal team that let us down,” said leading analyst Zahid Hussain.

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Some of Prime Minister Nawaz Sharif’s detractors accused him of “selling out” to the Indian side and opposition parties described the ICJ’s decision as a “setback for Pakistan”.

Some opposition leaders alleged the ICJ’s order was the result of a “covert deal”. They linked it to Sharif’s recent meeting in Murree with Indian steel tycoon Sajjan Jindal.

Shafqat Mehmood, a spokesman for Imran Khan’s Pakistan Tehreek-e-Insaf party, demanded that Sharif disclose all details of his “covert meeting” with Jindal. In a statement, he raised critical questions on the matter and sought an explanation from the premier.

Mehmood asked Sharif to come to the National Assembly and explain why Pakistan did not appoint an ad hoc judge at the ICJ because it had a right to do so, and why the Foreign Office did not take legal advice before initiating correspondence on the issue.

There was considerable debate on the performance of Khawar Qureshi, Pakistan’s lead lawyer, at the ICJ hearing on Monday. Qureshi, part of the London-based law firm Serle Court, became the youngest advocate to appear at the ICJ in 1993.

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But opposition leaders questioned why the government had selected a lawyer who had not handled a single international law case at the UK Supreme Court, and why authorities had sent a first year associate from the attorney general’s office to the ICJ instead of the attorney general himself.

The Pakistan People’s Party said the case at the ICJ had been mishandled and demanded the government convene a meeting of the national security committee on the issue of Jadhav.

PPP vice president Sherry Rehman told reporters that Pakistan had failed to plead its case and the counsel completed his arguments within 50 minutes, as against the allocated time of 90 minutes.

Rehman, a former minister, said Pakistan should have appointed an ad hoc judge under the ICJ’s rules as an Indian judge was part of the tribunal. She said the opportunity to do this was available till May 10 but was missed out. She added that Jadhav’s issue should have also been raised at the UN General Assembly.

But Aziz told the media the ICJ’s order would not have any bearing on the legal process currently underway in Pakistan against Jadhav. “A stay is granted automatically even in our courts when you file an appeal. But it doesn’t mean that you have lost the case,” he said on Thursday.

The ICJ is yet to adjudicate on the merits of Jadhav’s case, he said. “When that stage comes, Pakistan will forcefully present its case,” he added.

Pakistan Rules Out Giving Convicted To Death Indian “Spy” Any Of His Legal Rights

(THIS ARTICLE IS COURTESY OF THE HINDUSTAN TIMES)

Upping the ante against India, Pakistan’s army ruled out on Monday consular access to Kulbhushan Jadhav who has been sentenced to death by a military court, days after New Delhi made a strong case for access to the alleged spy on death row.Jadhav, 46, was awarded death sentence by the Field General Court Martial last week, evoking a sharp reaction in India that warned Pakistan of consequences and damage to bilateral ties if the “pre-meditated murder” was carried out.

“Under the law we cannot give consular access to Kulbhushan who was involved in spying,” Pakistan military spokesman Major General Asif Ghafoor told reporters.

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However, Indian officials in New Delhi maintained that there was no communication from Pakistan on the denial of consular access.

Pakistan has denied India’s request for consular access to Jadhav over a dozen times in the past one year.

On Friday, Indian high commissioner in Islamabad Gautam Bambawale met Pakistan foreign secretary Tehmina Janjua and demanded a certified copy of the chargesheet as well as the army court order in the Jadhav case, besides seeking consular access to the retired Indian navy officer.

Addressing the media in Rawalpindi on Monday, Maj Gen Ghafoor said Jadhav was involved in anti-state activities so he had to face court martial.

“It was duty of the army (to apprehend and punish him). We have not compromised on it and awarded him punishment. We will not compromise on this issue in future also,” he said.

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He said all legal requirements were fulfilled in the trial of Jadhav — which resulted in his conviction.

“The court martial is based on such evidence which cannot be refuted at any forum,” he said.

He said the Indian man can appeal against the judgment in the army appellate court and then to the army chief against the decision of the appellate court.

The spokesman said the convict can also file an appeal to the Supreme Court and the president of Pakistan.

“We will defend his conviction at every forum,” he said.

Pakistan claims its security forces arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was “a serving officer in the Indian Navy.”

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The Pakistan Army had also released a “confessional video” of Jadhav after his arrest.

However, India denied Pakistan’s contention and maintained that Jadhav was kidnapped by the Pakistani authorities.

India had acknowledged that Jadhav had served with the navy but denied that he has any connection with the government.

After death sentence, what are Kulbhushan Jadhav’s options under Pakistan laws?

(THIS ARTICLE IS COURTESY OF THE HINDUSTAN TIMES)

After death sentence, what are Kulbhushan Jadhav’s options under Pakistan laws?

INDIA Updated: Apr 15, 2017 08:36 IST

Rezaul H Laskar
Rezaul H Laskar
Hindustan Times, New Delhi
Kulbhushan Jadhav

People shout slogans during a protest against the conviction of Kulbhushan Jadhav, in Mumbai.(AP Photo)

Pakistan on Friday listed the options available to Indian national Kulbhushan Jadhav to appeal against the death sentence given to him by a military court on charges of espionage.Sartaj Aziz, the foreign affairs adviser to the prime minister, told a news briefing that the former Indian Navy officer was allegedly “responsible for espionage, sabotage and terrorism” and had been tried according to the law of the land.

Aziz, who read from a statement and did not take questions from the media, then listed the options available to Jadhav under Pakistani law.

“He has the right to appeal within 40 days to an appellate court. He may lodge a mercy petition to the (army chief) within 60 days of the decision by the appellate court,” Aziz said.

“He may lodge a mercy petition to the President of Pakistan within 90 days after the decision of (the army chief) on the mercy petition.”

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India has strongly criticised Pakistan for not sharing Jadhav’s whereabouts and details of his condition. It also criticised Pakistan for not adhering to the international norm of providing consular access to a prisoner despite the two countries having an agreement on the issue.

New Delhi has also said that if Islamabad goes ahead with the execution of Jadhav, it would be tantamount to premeditated murder.

Jadhav was reportedly captured in Balochistan in March last year. He was tried by a field general court martial or an army court under provisions of the Pakistan Army Act and the Official Secrets Act.

Aziz said Jhadav was provided with “legal counsel in accordance with provisions of our law” and that he reportedly confessed before a magistrate and the army court that he was tasked by Indian intelligence to “plan, coordinate and organise espionage and sabotage activities”.

Aziz said all political parties of Pakistan were unanimous that the death sentence given to Jadhav was “the correct decision” and the “whole nation is solidly united against any threat to Pakistan’s security”.

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