After being stuck on the issue of who will represent Kulbhushan Jadhav in the civilian court in Pakistan, India has invoked the Commonwealth grounds to end the debate over the appointment of his counsel.
India on Thursday called for the appointment of an Indian lawyer or a Queen's Counsel for the death row prisoner, Kulbhushan Jadhav, so that he receives a fair trial in his death sentence review.Ministry of External Affairs Spokesperson Anurag Srivastava said the government of Pakistan has not been able to fulfill its obligations on the implementation of the ICJ judgment in letter and spirit."The Government of Pakistan has not been able to fulfill its obligations on implementation of the ICJ judgment in letter and spirit," MEA spokesperson Anurag Srivastava said."It has not yet addressed the core issues, which includes the provision of all documents related to the case, providing unconditional and unimpeded consular access to Kulbhusan Jadhav and appointment of an Indian lawyer or a Queen's Counsel to ensure a free and fair trial," he added.Queen's Counsel is a barrister or advocate, appointed Counsel to the UK Crown on the recommendation of the Lord Chancellor.
Queen's counsels are recognised in almost all courts around the world.Has India managed to solve two problems with this proposal given that Harish Salve has defended the Kulbhushan Jadhav case on consular for India at the International Court of Justice?This comes after Pakistan had objected to an Indian defending Kulbhushan Jadhav in Pakistani courts which, according to Pakistan's Attorney General, is not allowed as per their Constitution.On September 10, during a briefing, Pakistan foreign office spokesperson, Zahid Hafeez, had insisted that they have been adhering to the ruling of the ICJ in letter and spirit."India has responded to Pakistan on the matter of Commander Kulbhushan Jadhav, offer for consular access stands and we are working on a reply, last time, too, we gave India an unimpeded uninterrupted consular access," he said.To a question on allowing an Indian lawyer to represent Kulbhushan Jadhav, the Pakistani foreign office spokesperson said, "We will not change the law in the case of Kulbhushan Jadhav under India's pressure.
India has to cooperate with the courts of Pakistan."Speaking to the media after the hearing on September 3, Attorney General Khalid Javed Khan, to a question on whether the Indian mission in Islamabad can engage an Indian lawyer, had said, "Only Pakistani lawyers, those who are entitled to practice in Pakistan will be allowed.
Indian legal representative is not an option for now.
Let's see who they engage."Now, Pakistan will have to see if they would agree to India's Queen's Counsel proposal which would make Harish Salve the most probable candidate.Harish Salve was appointed Queen's Counsel for England and Wales earlier this year.A Queen's Counsel is appointed from within the legal profession on the basis of merit rather than the level of experience.
It is awarded those who have demonstrated particular skill in the legal field.The assertion by India comes days after Pakistan's Parliament has extended for four months an ordinance that allowed Kulbhushan Jadhav to file an appeal against his conviction in a high court as required by the International Court of Justice.
India has been making constant demand for unimpeded consular access to Kulbhushan Jadhav.Kulbhushan Jadhav, the 50-year-old retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.