PAKISTAN rejected Indian plea for appointing, “Queen’s Council” by India to represent its spy, a serving naval commander Kulboshan Jadev in a review petition against his death sentence, which is pending in Islamabad high court. The response of Pakistan is strictly in accordance with the due process of law as articulated by the foreign office spokesman, Zahid Hafeez Chaudry. He said, “Allowing Queen’s council for Jadev is out of question as a lawyer with license to practice in Pakistan can appear before the court”. The foreign office referred to Indian tactics of consistently evading the Jadev case. The Indian spy had been arrested by Pakistani security forces in the restive Balochistan province on 11th March, 2016, which has been frequently hit by a terrorist attacks. A military court, which was a part of Pakistan judicial system, passed on death sentence on him on the basis of his confession and related evidence of his involvement in espionage. India took the case of its high profile RAW agent to ICJ in May, 2017. The court rejected Indian appeal for Jadev’s release in its verdict on 17th July, 2019. However, direction was given to Pakistan to suspend the execution process and review the entire process of the trial. ICJ ruled for providing India with counselor access, which India availed, only once. This court also stated that Jadev’s case is clearly state sponsored terrorism by India in Pakistan. The verdict made it clear that the sentence given to Mr. Jadev is not a violation of Article 36 of the “Vienna Convention”.
It is pertinent to mention that PTI government had appointed former CJP, Justice Tassadaq Hussain Jilani as an adhoc judge of ICJ, the right which was deliberately neglected by the Nawaz Sharif government. Justice Tasadaq Hussain wrote an incisive and comprehensive dissenting note to the ICJ verdict. It stated that the Vienna Convention is not applicable to spies. The makers of the convention would not have imagined that in a future, it would be extended to spies, of which India is taking undue advantage. Honoring the directions contained in the ICJ verdict, the government of Pakistan presented an ordinance in the parliament, last month to allow the convicted Indian spy, Jadev to file a review petition. The opposition opposed the “International Court of Justice (Review and Reconsideration Ordinance).” It was mandatory to fulfill its obligation under ICJ ruling of July 2019 that ordered Pakistan to provide counselor access to Jadev and review his death sentence.
