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.

How Much Longer Until The Pakistani Army Overthrows The Civilian Government?

(THIS ARTICLE IS COURTESY OF THE HINDUSTAN TIMES)

Dawn Leaks reflects larger problem of Pakistan Army undermining politicians

The standoff over Dawn Leaks Dawn Leaks reflects the larger problem of the Pakistan Army constantly trying to undermine the country’s political leadership.

WORLD Updated: May 02, 2017 20:12 IST

Imtiaz Ahmad
Imtiaz Ahmad
Hindustan Times, Islamabad
Pakistan

File photo of Pakistan Prime Minister Nawaz Sharif at a ceremony to inaugurate the M9 motorway between Karachi and Hyderabad, in February 2017. (Reuters)

The standoff between the parallel power centres in Pakistan – the political government headed by Prime Minister Nawaz Sharif and the military high command led by army chief Gen Qamar Bajwa – seems to have come to a head over the release of the report of the probe into Dawn Leaks.Based on the report, Sharif issued a series of instructions, including the sacking of his special assistant on foreign affairs, Tariq Fatemi, and action against principal information officer Rao Tehsin. Within hours of the instructions being released, the army publicly rejected the measures.

More unusual was interior minister Chaudhry Nisar Ali Khan criticising the army for using social media to give opinions on what was an internal matter that could have been addressed through proper channels.

It is clear that the army is unhappy with the action taken by the government over the probe into a report last year in the Dawn newspaper on differences between the military and the civilian set-up on tackling terror groups.

The army was represented on the inquiry committee by two representatives – the Inter-Services Intelligence agency nominee and one from Military Intelligence. Both had recommended strong action against journalist Cyril Almeida, who wrote the report in the Dawn, but the Sharif government did not consider this.

More important, the army is incensed over the fact that it considers the prime minister’s secretary, Fawad Hasan Fawad, as part and parcel of the problem. Instead, Fawad was used to issue Sharif’s instructions – which the army high command did not take to very kindly.

Most analysts say Dawn Leaks reflects a larger problem in Pakistan – the constant efforts by the army to undermine the political leadership.

“The army continues to challenge the government and keep it on the defensive. The whole idea is to keep the civilian government in a state of flux,” said Abid Hussain, an Islamabad-based journalist. Hussain said this is a cycle that keeps repeating in Pakistan: “Whenever civilians are in power, the military wants to show that politicians are corrupt and ineffective.”

As the general elections approach in 2018, there are expectations that Sharif will come back to power with a bigger mandate.

This is what the army high command is afraid of, say observers, who add that a Punjabi prime minister with a bigger mandate is the only political threat that the army high command faces. The last time Sharif had such a mandate, he was removed from power through a military coup. This time it would be more difficult.

What has become increasingly common is for the military to comment on issues outside its domain. Last month, the military spokesman commented that the army would welcome the Supreme Court’s verdict on corruption allegations against Sharif and his family based on the Panama Papers leaks.

This was a clear signal to the public that the military would not be adverse to Sharif stepping down. But the judgment, which it is rumoured came after much back-door lobbying by the ruling PML-N party, gave the prime minister a breather, much to the dismay of many in the corridors of powers.

Soon after, an army-led media campaign was started to condemn the meeting of Indian businessman Sajjan Jindal with the prime minister last week. The military has continued to lead the media in campaigns against the elected government.

Over the past few years, the army has acquired a TV channel and used aggressive advertising through its various commercial enterprises to buy over the rest of the big houses, with a few notable exceptions.

Despite all this, analysts said the army’s high command can see its role being reduced in the coming years. “Short of staging a coup, it is doing all it can to ensure that its military and economic empire continue to grow and its say in national affairs remains unchallenged,” said one analyst.

“What we are seeing are the last desperate acts of an emperor that senses its status as an unquestioned power is coming to an end.”

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