Islamabad (Muhammad Basharat – Online): Attorney General of Pakistan Khalid Javed Khan has said before the Islamabad High Court that India has once again refused to be a part of the court proceedings related to Kulbhushan Yadav.
A larger bench headed by Chief Justice Islamabad High Court Justice Athar Minallah heard the law ministry’s request to provide counsel to Kulbhushan Yadav. Extraordinary security arrangements were made during the hearing and unauthorized persons were not allowed to enter the court premises, only lawyers, concerned staff, sailan and media were allowed to enter.
During the hearing, Attorney General Khalid Javed Khan told the court that the Foreign Ministry had informed the Indian Foreign Ministry on September 4 about the court order. On September 7, the Indian government responded to the Pakistani Foreign Ministry. India raises objections to ordinance, consular access and denial of permission to Indian lawyer, India objects that Pakistan is not giving consular access properly, Queens Council, which practices in London, as a lawyer Permission sought to present, India’s four objections are baseless.
The Attorney General told the court that India did not want to pursue the case on behalf of Kulbhushan Yadav, he was deliberately running away from the case, it seems that India has no interest in the future of Kulbhushan, he is political. As the case may be, the ordinance has been extended for 120 days. Under the ordinance, Clubbhushan may be part of the proceedings in person, through a consul or a representative. It is our constitutional responsibility to comply with all requirements of a fair trial. Therefore, when India and Clubbhushan did not apply for a lawyer, the Law Secretary fulfilled the legal requirement. I request the court to appoint a lawyer for Clubbhushan to proceed with the proceedings.
Chief Justice Athar Minallah questioned the Attorney General that Clubbhushan should have the full right to a fair trial. Can this court proceed on its own? Can this court appoint a lawyer for Clubbhushan on its own? You should also assist the court on the point, what would be the implications of appointing a lawyer without the consent of India or Clubbhushan? Will it meet the legal requirements of effective review?
Justice Athar Minallah told Judicial Assistant Hamid Khan that only when Kulbhushan comes to court will we be able to look into the matter of protection of his right to life. To be made, we want the decision of the International Court of Justice to be acted upon in its spirit. Further hearing of the case will be held on November 9.
2 Apologies for the judicial assistance of senior lawyers
Prior to the hearing, two senior lawyers Makhdoom Ali Khan and Abid Hassan Manto apologized for their judicial assistance. Abid Hassan Manto was in poor health while Makhdoom Ali Khan apologized for appearing on professional grounds.
In his reply, Abid Hassan Manto said that it was an honor for him to be appointed by the court as an assistant. Makhdoom Ali Khan said that it is a matter of pride for him to provide judicial assistance but he cannot provide judicial assistance on the basis of professional reasons.