Pakistan authorities have “declined’’ to hand over relevant documents for Kulbhushan Jadhav’s case to the lawyer India has appointed, according to the ministry of external affairs. The MEA came out strongly against Pakistan for failing to provide a remedy, and for creating “confusion’’ over the last date of filing the petition.
“Pakistan advised India that the relevant documents could be handed over only to an authorised Pakistani lawyer,’’ said the MEA spokesperson Anurag Srivastava. “India appointed a Pakistani lawyer to obtain the relevant documents. To our surprise, as advised by the Pakistani authorities, when the authorised Pakistani lawyer approached the concerned authorities, they declined to handover the documents to the lawyer.’’
India, according to Srivastava had tried to file a petition in the Islamabad High Court “as a last resort" in the absence of unimpeded and unhindered consular access as well as of the relevant documents.
“However, our Pakistani lawyer informed that a review petition could not be filed in the absence of power of attorney and supporting documents related to the case,’’ he said
The Jadhav case has presented a Catch-22 situation for India. Despite a major victory at the International Court of Justice of possible relief in a civil court, Jadhav’s refusal to file a petition has put India in a tough position. Especially, as Pakistan’s Ordinance does allow the Indian High Commission to file a petition, but India and Pakistan nothing is ever simple.
Pakistan did not provide India unimpeded consular access, MEA charged. The last meeting “was scuttled by Pakistan authorities.” The consular officers were instructed not to hand over anything to Jadhav, the MEA statement claims. Hence, the officials couldn’t get the “power of attorney’’ that was needed.
“Initially, they indicated that a petition has to be filed by no later than 19 July,’’ Srivastava said. "Subsequently, Pakistan indicated that the time limit to file a review petition shall expire on 20 July. Knowing the inadequacies and shortcomings in the Ordinance, India had already shared its concerns in June 2020, including a considerable delay in informing India about its promulgation, with the Pakistan authorities.’’
India has alleged that Pakistan took “two weeks’’ to inform India about the Ordinance. The copy was shared only after India requested. “India has conveyed that the Ordinance neither fulfils nor does it give complete weight to the judgment of the ICJ. With regards to the Ordinance, it seems, Pakistan was non-serious in its approach and was not interested in implementing the judgment of the ICJ in letter and spirit. It has blocked all the avenues for an effective remedy available for India,’’ said Srivastava.
There are reports that Pakistan has filed a petition in court for Jadhav—a situation that is bound to be uncomfortable for India. As it will be a chance for Pakistan to try a case, in their court, under their rules. Finding itself in a tight spot, India is evaluating its options.
"India reserves its position in the matter, including its rights to avail of further remedies,'' Srivastava said.