NEW DELHI: India confirmed on Thursday that it had requested the appointment of a Counselor to the Queen (QC), a title awarded to senior attorneys for excellence in some Commonwealth countries, such as Kulbhushan Jadhav’s defense attorney in the ICJ-ordered ongoing review of his death sentence in the Islamabad High Court.
TOI had first reported on Wednesday that, to break the impasse over who can represent Jadhav in a Pakistani court, India had proposed the appointment of a QC as his attorney and lead defender. Harish Hail, who is also a QC in the courts of England and Wales, it was his obvious choice.
However, the government, as the MEA said on Thursday, is open to hiring the services of lawyers of other nationalities as well as long as they are QC.
“Pakistan has yet to address the fundamental issues, which include the provision of all documents related to the case, unconditional and unimpeded consular access to it, and the appointment of an Indian lawyer or a lawyer for the queen to ensure a free trial. and fair, “said the spokesman. Anurag Srivastava, reiterating that Pakistan had not been able to fulfill its obligations regarding the application of the ICJ judgment in letter and spirit.
Last year, the ICJ asked Pakistan for an effective review and reconsideration of Jadhav’s conviction and confirmed India’s demand for consular access to Jadhav.
Pakistan’s response to India’s demand for a quality check to represent Jadhav is still awaited. Islamabad had previously said that only a lawyer licensed to practice in Pakistan can be Jadhav’s lawyer.
Pakistan had extended the validity of an ordinance allowing Jadhav earlier this week by 4 months to file a petition for review. India, however, sees the ordinance as a red herring designed to create a “mirage of compliance” with the ICJ ruling.
For India, the main issue remains private and unconditional access to Jadhav, as, according to Indian officials, it is the only way the sentence can be fully and effectively implemented. India believes that consular access to Jadhav should be “restorative” and private because, unlike the usual cases of consular access where the degree of involvement of a defendant in criminal acts is unknown, Jadhav has already been convicted of a military court on the basis of his alleged confession.
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