Pakistan Lawyer for Kulbhushan Jadhav – Burning Issues – Free PDF Download

• Kulbhushan Jadhav might get legal help, if a recent Islamabad high court’s order on August 3 2020 is implemented.

• Recent court order
• Islamabad High Court on August 3 2020,  said India should be given “another chance” to appoint a lawyer to defend him.
• Order said, “The government of Pakistan shall once again inform Jadhav regarding his rights… he shall be specifically informed of his right to avail the statutory remedy… and to authorise the Government of India to arrange legal representation on his behalf”.
• Recent court order
• The Islamabad High Court has also appointed three prominent Pakistani lawyers as amici curiae. (All senior advocates)
  • Adv Abid Hassan Manto
  • Adv Hamid Khan
  • Adv Makhdoom Ali Khan.
• They have been appointed as amici curiae for legal assistance in general and, in particular, to ensure that the judgment of the International Court is effectively implemented.

Did India appoint a lawyer earlier?

• • The Indian High Commission in Islamabad hired a lawyer earlier.
  • But things did not work out as planned because the lawyer needed a set of documents to file a review petition at the Islamabad High Court.
    • Power of attorney signed by Jadhav.
    • FIRs & the charge sheet
    • Orders and judgments of Military court

What did Pakistan do?

• • For providing FIRs and other documents, Pakistan initially said that the documents can only be handed over to an authorised Pakistani lawyer.
  • When the authorised Pakistani lawyer appointed by Indian High commission approached the concerned authorities, they declined to hand over the documents to the lawyer.
  • The Pakistani lawyer informed the Indian High Commission that a review petition could not be filed in the absence of a power of attorney and supporting documents.

What did Pakistan do?

• • According to MEA, Pakistan created problems. The officials said Jadhav himself was clearly under stress and indicated that clearly to the diplomats.
  • When Indian diplomats went to meet Jadhav, they were not given unimpeded and unhindered consular access.
  • They were not allowed to hand over documents & obtain power of attorney from Jadhav.
  • In fact the MEA alleged that Pakistani officials had “intimidating demeanour”  & were present in close proximity of Jadhav and the Indian diplomats.

What next?

• • The latest court order revives the chances of the lawyer being given access to the documents.
  • Pakistan has to provide unimpeded and unhindered consular access, where the Indian diplomats can “freely” discuss the case details with Jadhav and get the power of attorney signed by him till then there can be no headway..!!!
  • Considering the sensitive nature of the matter, the Islamabad high court has also said that a larger bench should be constituted, and set the next date of hearing for September 3 2020.

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