ISLAMABAD: The Islamabad High Court on Tuesday asked the counsel for the Indian High Commission to apprise the court whether or not the Indian government was satisfied with the actions taken by the Pakistani government for the release of five Indian spies who were behind bars even after completion of their sentences.

A three-judge IHC bench comprising Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb was hearing petitions filed by the Ministry of Law seeking appointment of counsel for Indian spy Kulbhushan Jadhav and by the Indian High Commission for the release of five convicted spies who were behind bars even after completion of their sentences.

The IHC bench had earlier ordered the Pakistani government to release forthwith those convicts who have completed their respective term.

On Tuesday, when the court took up the case, the counsel for the Indian High Commission, Barrister Shahnawaz Noon, was not in attendance.

Additional Attorney General Tariq Mehmood Khokhar informed the bench that Attorney General Khalid Jawed Khan was in quarantine as he tested positive for Covid-19.

He recalled the IHC order of Dec 1, 2020, in which the court asked the counsel for the Indian High Commission to apprise if there was any reservation regarding hearing of the petition for appointment of Jadhav’s counsel.

Mr Khokhar said that Barrister Noon had not appeared since the said order was issued.

The bench repeated the order and also issued a directive for the counsel to inform the court whether or not the Indian government was satisfied by the actions taken by the Pakistani authorities for the release of the convicts who had completed their sentences.

Further hearing in this matter has been adjourned till April 18.

Jadhav was a spy of India’s Research and Analysis Wing (RAW). He was arrested from Balochistan in March 2016. A Field General Court Martial in Pakistan sentenced him to death on April 10, 2017 for fomenting terrorism in Balochistan and Karachi.

India later moved the International Court of Justice against the verdict and the ICJ had on May 18, 2017 stayed the execution pending a final judgement in the case. On July 17, 2019, the ICJ rejected India’s appeal for Jadhav’s release, but ordered Pakistan to suspend his execution.

It also ruled that Pakistan would have to review the entire process of trial and conviction and provide India with consular access to the spy.

Pakistan this year promulgated the ICJ (Review and Reconsideration) Ordinance 2020 to comply with the ICJ verdict.

Published in Dawn, March 10th, 2021