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Thursday March 28, 2024

India looking for escape in Kulbhushan case

By Mariana Baabar
December 05, 2020

ISLAMABAD: India is casting aspersions on the Indian High Commission’s own legal counsel, and it is clear that the Indian government is looking for an escape from the legal proceedings in spy Kulbhushan Jadhav case.

The Foreign Office on Friday was commenting on incorrect and misleading assertions made by the Indian Ministry of External Affairs regarding the legal proceedings currently taking place in the case of Kulbhushan Jadhav.

“Pakistan categorically rejects these assertions. The Indian side is once again urged to desist from the use of its usual diversionary and dilatory tactics and instead take practical steps so that legal proceedings could be duly concluded and full effect could be given to the judgment of International Court of Justice (ICJ),” said the spokesman at the Foreign Office. The spokesman reminded India that in pursuance of the judgment of the ICJ, Pakistan had invited the Indian High Commission to meet with Kulbhushan Jadhav and appoint a lawyer on his behalf so that proceedings to review and reconsider Jadhav’s conviction could commence.

“However, during the course of diplomatic exchanges, the Indian High Commission refused to instruct a lawyer itself, as in their view this would amount to a waiver of India’s sovereign immunity. Resultantly, the Government of Pakistan was constrained to initiate proceedings for appointment of a state counsel for Commander Jadhav,” the Foreign Office pointed out.

During the proceedings, to show the discrepancy in the Indian position, the Attorney General for Pakistan cited the case of Muhammad Ismail, an Indian national currently in custody in Pakistan, where the Indian High Commission had instructed Mr Noon as its lawyer.

“Contrary to the false statement by the MEA, no attempt was made to link the cases of Commander Jadhav with another Indian prisoner Ismail. The two cases are and remain entirely distinct. Reference to the case of Muhammad Ismail was only for purpose of showing the discrepancy and inconsistency in the Indian position,” the spokesman added.

Pakistan reiterated that in line with the judgment of the International Court of Justice (ICJ), it has already provided consular access to the Indian High Commission twice and has taken all necessary steps for effective review and reconsideration in the case. The offer of a third consular access is still there.