ISLAMABAD:A larger bench of Islamabad High Court (IHC) on Thursday directed the government to give another opportunity to India for availing the facility of lawyer appointment in a review petition of Kulbhushan Yadhav in accordance of judgment of International Court of Justice (ICJ). At the outset of hearing, Attorney General Khalid Javed Khan informed the bench that Pakistan wanted to implement the decision of ICJ in Kulbhoshan matter but India was creating hurdles in the matter. He prayed the court to proceed the case and appoint a counsel for Kulbhushan Yadhav or as a second option, the response of the Indian government could be waited more.
The Attorney General said that the held Indian spy had been informed about the previous orders of the court on August 6, 2020 but the Indian spy didn’t want to avail the facility of provision of a counsel to file review petition against his sentence. One month had passed but the Pakistan had also not received answer so far from Indian Ministry of External Affairs, pertaining to the third offer for lawyer appointment, he told the bench, he added. At this, the IHC Chief Justice asked that what would be the status of review petition if Kulbhushan Yadhav and Indian government were not willing to pursue it, adding it would be appropriate to again offer India the same legal facility, in accordance of principles of transparency.
The Attorney General said that the Indian government was neither refusing nor cooperating on the matter, rather it was just creating hurdles in review petition’s process to avoid the implementation of ICJ’s judgment. He said that Kulbhushan had refused to file review petition under ordinance promulgated in this regard. The neighboring country was just engaged in efforts to defame the Pakistan at international level instead of availing the facility, he added. The court directed the government to give another chance to India for appointment of counsel to contest its spy’s review petition and adjourned hearing of the case till October 6. A larger bench of IHC, headed by Chief Justice Athar Minallah and comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing on a case filed by Ministry of Law and Justice seeking to appoint a lawyer for Kulbhoshan Yadev’s review petition. Attorney General Khalid Javed Khan, Additional Attorney General Tariq Khokher and Deputy Attorney General Syed Muhammad Tayyab Shah appeared before the court on behalf of the Federation.