Indian spy Kulbhushan Yadav
Islamabad … News Time
The Islamabad High Court (IHC) has directed the federal government to contact the Indian government through the Foreign Office in the case of detained Indian spy Kulbhushan Yadav. A three-member bench of the Islamabad High Court (IHC) headed by Chief Justice Athar Minallah heard a petition seeking release of four Indian nationals imprisoned in Pakistan. Chief Justice Athar Minallah remarked that it seems that the Indian government has a misunderstanding about the proceedings of this court. The Chief Justice directed the Government of Pakistan to contact India to clear up their misunderstanding. During the hearing, Chief Justice Athar Minallah asked the lawyer of the Indian High Commission whether he had told India in the Kulbhushan Yadav case. To which the Indian High Commission counsel replied that the position of the Indian authorities was that the jurisdiction of the court did not fall in this case. Chief Justice Athar Minallah remarked that the life of an Indian citizen is in question. The Chief Justice remarked that this is not just a matter of jurisdiction of the court but the implementation of the decision of the International Court of Justice. He remarked that this court wants to implement the decision of the International Court of Justice.
Chief Justice Athar Minallah further remarked that the petition in the International Court of Justice was filed by India itself and the case in this court is for implementation of the decision of the International Court of Justice. In addition, the Additional Attorney General told the court that India has appointed lawyers for 8 Indian nationals but they have a misunderstanding in the Clubbhushan case. Chief Justice Athar Minallah remarked that if India does not want to follow the International Court of Justice regarding Kulbhushan Yadav, it should also tell. He further remarked that according to the decision of the International Court of Justice, India should have approached this court. The Chief Justice remarked that from the miscellaneous petition, it seems that India did not understand the proceedings of this court. The Islamabad High Court has ordered to set the case for hearing along with the Clubbhushan Yadav case. During the hearing, Barrister Shahnawaz Noon told the court that four petitioners have been sent to India. Chief Justice Athar Minallah remarked that in the case of Kulbhushan Yadav, the government should be contacted and then the petition should be disposed of. The court later adjourned the case till May 5.
It may be recalled that Indian spy Kulbhushan Yadav, a serving Indian Navy officer, was arrested from Balochistan in March 2016 on charges of spying for his country’s intelligence agency RAW. In Pakistan, the Field General Court Martial had on April 10, 2017 sentenced Kulbhushan Yadav to death for promoting terrorism in Balochistan and Karachi. India later appealed to the International Court of Justice (ICJ) against the verdict and the ICJ stayed the execution on May 18, 2017 pending a final decision in the matter. On July 17, 2019, the ICJ rejected India’s appeal for the release of Kulbhushan Yadav, but ordered Pakistan to suspend the execution of the Indian spy. It also ordered that Pakistan review the entire trial and sentencing process and provide consular access to India.
