Islamic Republic of Pakistan : News, Discussions & Updates
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Kulbhushan Jadhav case: Pakistan High Court allows India to appoint lawyer
A Pakistani court on Monday said Kulbhushan Jadhav, the former Indian Navy officer sentenced to death for alleged involvement in spying, should be allowed to engage a lawyer to represent him for filing a review petition against his conviction.
A special bench of the Islamabad high court adjourned Jadhav’s case till September 3.
While stipulating the lawyer who represents Jadhav should be a Pakistani national, the high court instructed the government to allow Indian authorities to appoint a legal representative for the former naval officer.
Pakistan’s attorney general Khalid Jawed Khan, who appeared for Monday’s hearing, told the media that the high court had said Jadhav would be given a second chance to engage a lawyer. “The federal government also wants that he should himself engage a lawyer,” Khan said, speaking in Urdu.
Asked by reporters whether Indian lawyers could appear in the Islamabad high court on behalf of Jadhav, Khan said “only Pakistani lawyers and those who are entitled to practice in Pakistan” can be appointed for the case.
In response to another question on whether Indian lawyers could assist any Pakistani counsel engaged for Jadhav, Khan said, “This option has not been considered as of now.”
India recently said that Pakistan had blocked all its efforts to seek remedies in the case of Jadhav, 50, who was arrested by Pakistani security agencies in Balochistan in March 2016 and charged with involvement in spying.
India rejected the allegations and said he was kidnapped by Pakistani operatives from the Iranian port of Chabahar, where he was running a business.
The Pakistan government recently tabled the International Court of Justice (Review and Reconsideration) Ordinance 2020 in Parliament for approval. The ordinance was promulgated to allow Jadhav to appeal against the death sentence given to him by a military court in 2017.
External affairs ministry spokesperson Anurag Srivastava told a virtual weekly news briefing last week that Pakistan had systematically blocked all of India’s attempts to seek remedies for Jadhav.
He also accused Pakistan of violating the 2019 judgement of the International Court of Justice (ICJ), which had called for an effective review and reconsideration of the conviction and sentencing of Jadhav.
India has also accused Pakistan of not providing unhindered, unimpeded and unconditional access to Jadhav or the official documents needed for filing a review petition.
“We reserve our position in this matter, which includes the right to avail of further remedies. I’ll also reiterate that we stand committed to protect the life of our national Kulbhushan Jadhav,” Srivastava had said last week.
On July 22, the Pakistan government petitioned the Islamabad high court to appoint a lawyer to represent Jadhav for filing a review petition. The defence secretary and the judge advocate general (JAG) branch of the military were made parties to the petition filed by the law ministry.
The petition contended Jadhav had refused to file a review petition against his sentence and that India was reluctant to avail of the remedies under the ordinance.
However, India dismissed the contentions made in this petition and said a Pakistani lawyer appointed by it had been unable to file a review petition on July 18 as he wasn’t provided the necessary documents by Pakistani authorities. Indian officials had also walked out of a meeting with Jadhav on July 16 after Pakistan breached assurances of providing unimpeded consular access.
www.hindustantimes.com
A Pakistani court on Monday said Kulbhushan Jadhav, the former Indian Navy officer sentenced to death for alleged involvement in spying, should be allowed to engage a lawyer to represent him for filing a review petition against his conviction.
A special bench of the Islamabad high court adjourned Jadhav’s case till September 3.
While stipulating the lawyer who represents Jadhav should be a Pakistani national, the high court instructed the government to allow Indian authorities to appoint a legal representative for the former naval officer.
Pakistan’s attorney general Khalid Jawed Khan, who appeared for Monday’s hearing, told the media that the high court had said Jadhav would be given a second chance to engage a lawyer. “The federal government also wants that he should himself engage a lawyer,” Khan said, speaking in Urdu.
Asked by reporters whether Indian lawyers could appear in the Islamabad high court on behalf of Jadhav, Khan said “only Pakistani lawyers and those who are entitled to practice in Pakistan” can be appointed for the case.
In response to another question on whether Indian lawyers could assist any Pakistani counsel engaged for Jadhav, Khan said, “This option has not been considered as of now.”
India recently said that Pakistan had blocked all its efforts to seek remedies in the case of Jadhav, 50, who was arrested by Pakistani security agencies in Balochistan in March 2016 and charged with involvement in spying.
India rejected the allegations and said he was kidnapped by Pakistani operatives from the Iranian port of Chabahar, where he was running a business.
The Pakistan government recently tabled the International Court of Justice (Review and Reconsideration) Ordinance 2020 in Parliament for approval. The ordinance was promulgated to allow Jadhav to appeal against the death sentence given to him by a military court in 2017.
External affairs ministry spokesperson Anurag Srivastava told a virtual weekly news briefing last week that Pakistan had systematically blocked all of India’s attempts to seek remedies for Jadhav.
He also accused Pakistan of violating the 2019 judgement of the International Court of Justice (ICJ), which had called for an effective review and reconsideration of the conviction and sentencing of Jadhav.
India has also accused Pakistan of not providing unhindered, unimpeded and unconditional access to Jadhav or the official documents needed for filing a review petition.
“We reserve our position in this matter, which includes the right to avail of further remedies. I’ll also reiterate that we stand committed to protect the life of our national Kulbhushan Jadhav,” Srivastava had said last week.
On July 22, the Pakistan government petitioned the Islamabad high court to appoint a lawyer to represent Jadhav for filing a review petition. The defence secretary and the judge advocate general (JAG) branch of the military were made parties to the petition filed by the law ministry.
The petition contended Jadhav had refused to file a review petition against his sentence and that India was reluctant to avail of the remedies under the ordinance.
However, India dismissed the contentions made in this petition and said a Pakistani lawyer appointed by it had been unable to file a review petition on July 18 as he wasn’t provided the necessary documents by Pakistani authorities. Indian officials had also walked out of a meeting with Jadhav on July 16 after Pakistan breached assurances of providing unimpeded consular access.
Kulbhushan Jadhav case: Pakistan High Court allows India to appoint lawyer
While stipulating the lawyer who represents Jadhav should be a Pakistani national, the high court instructed the government to allow Indian authorities to appoint a legal representative for the former naval officer.
Poor China.. wanted to create leverage over India by forcing India to talk to Nepal, with the kalapani political map gambit.. India did not even acknowledge... Now, using Pakistan here.. My bet.. India wont even release an official statement... China wants India to be occupied with its smaller neighbors.. but Jaishankar's comment: "The state of the [China-India] border and the future of our ties cannot be separated...We will be tested and we must stand our ground. Part of the answer is for us to also occupy more of their mind space." suggests India will make China deal with it directly, and screw with the chinese directly.. By the onset of winter, I see the Chinese tucking their tail and moving back to F8
I wouldn't be surprised to eventually see Pakistan press claims on Hyderabad or at least start stoking separatism/calls for plebiscite/etc. due to the circumstances by which it joined India.
It's moves like this that reaffirm beliefs that Pakistan would never accept peace even if they got everything they wanted in Kashmir, and weaken the arguments for Indians who are sympathetic to/demand unilateral peace with Pakistan.
They are only creating more pressure for themselves.. Hyderabad is surrounded on all sides by India, so its a non starter.. creating internal disturbances works best, when there is an open lobby which advocates working with Pakistan. Moves like this by Pakistan undermine it..
The point isn't to actually get these territories, even Junagadh is impossible for Pakistan. The point is to delegitimize India in its current form in the global consciousness and normalize the idea that India is an expansionist power. Even if they don't get a large majority, they just need to sow the seeds of doubt and make people second guess their positions.
It's not trying to get people to think "India is occuypying rightful Pakistani soil because of X, Y, Z declarations/accessions by princes.", most people (especially in the West) do not know enough or care enough about the menutia of South Asian geopolitics, they care more about human rights and the environment. The goal is to get people to think "I think I've heard something about India oppressing Muslims" or "I remember reading something somewhere that India took over Muslim lands before.." the next time Kashmir flares up in world news. It is due to tactics like this that liberal politicians in Europe and America are beginning to waggle their fingers at India more and more - to appease the growing sentiment that India is oppressing Muslims in the region.
It's also an attempt by Pakistan to reinforce the narrative that they are the defenders of South Asian Islam to the wider Muslim community.
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What kind of mentally challanged persons are they? Doesn't know the border for their own claim on something. Retards.
Negative on all counts. Pakistan today is too discredited in the international community of nations to attract any consideration of their claims or even be taken seriously in those nations which have traditionally backed Pakistan.
In fact, by this move they've unwittingly sowed the seeds of their own disintegration. If India's move on 5th Aug 2020 to declare Art 370 redundant & redraw the state boundaries of the erstwhile state of J&K with the assertion that taking possession of those areas not under our soverign possession then by the HM was our right & was taken by a section of our commentariat as provocation to Beijing to undertake what it did in the summer of 2020 , you can bet that this move will certainly prompt ideas still dormant in our security establishment to undertake the invasion of PoJ&K now made all the more imperative by Chinese belligerence & their nebulous claims which may well involve retaking the whole of Ladakh & getting Pakistan to retake the whole of the Kashmir valley.
Mere posturing without the wherewithal to undertake what you've claimed is as sterile & self defeating as our Forward Policy which couldn't be backed up by enforcement due to our shortcomings & which brought us grief - a lesson which we've remembered well, rather too well for our own good.
Pakistan has sowed the wind for far too long . It's time they reaped the whirlwind.
Jazkallah!! Subhan Allah!! This is the Riyasat e Medina the Qaid always dreamt of. It's truly inspiring to see a new generation of Paxtanis renew their faith in the nazaria e Paxtan. This a red letter day for Paxtan. Every Paxtani ought to feel proud of these developments.
And before I forget, it's 5th Aug tomm. Exactly a year after we've retracted Art 370 & redrawn the state boundaries of J&K. I hope you've remembered to stand for half an hour every Friday afternoon's Jumma Namaz in protest against our act. If not, at least do so tomorrow. Think of how much the ordinary Kashmiri separatists look upto you.
@safriz ; @Arsalan123
Just making two quick points on above map
> If India is illegally occupying JK then why didn't Pakistan approach UN first? Why did India approach UN? Who is likely to take other to court or legal arbitration, the plaintiff or the accused?
> Pakistan opening up IB for dispute shall be good thing for us. We also have eye on Kartarpur among other areas.
I never said it would be a particularly effective strategy by Pakistan, but it is also undeniable that sympathies towards Muslim perspectives are on the ascent in the West.
I personally see the India-Western partnership as inevitable, as India is seen as an ideal partner to work with in competition to China. However, I think those in the West have also learned from their experience with China to not to empower any potential rival too much. This is the main reason I think the West will always give at least some support to people opposed to India/ strengthen smaller revisionist countries in India's periphery.
I also think that Western governments will generally have no problems with India's internal affairs (they never really care about any nation's internal affairs), but their populaces will increasingly take issue with perceived oppression of Muslims. A370 revocation, CAA, and an eventual UCC that strips Muslims of previously afforded priviledges are portrayed in Western media as oppression, and will be used as a cudgel by Western powers to extract benefits in future trade/strategic talks with India.
I really have no perspective on broader war between Pakistan/China & India. I don't think major war is inevitable (although certainly possible) between any of the parties.
New Kashmir special by ISPr
@safriz why only song. where is the dance number ???
I mean song and dance would've been even better.
BTW I was a big fan of Shafqat Amanat Ali and have posted on my Facebook page against Abhijit , when he had disrespected SAA on stage live .
here he had thrown axe on his own feet. also the song is cringe worthy
at least should've done something of this caliber
this is called real tribute
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But he is genuinely talanted. just listen to his masterful voice in Mitwa or Khamaj. or for that matter Vaishnav Jan
I was a huge fan of Ustaad Amanat Ali Khan when he was alive.
Specially his "Insha ji".
I went on to read about the sad historical story behind the song
Claiming abrogation of article 370 illegal and likewise illegitimizing acts passed lawfully like CAA and challenging SC verdict on Ram temple is referred to as taqlid in Islamic ideology.
What is taqlid?
Taqlīd, in Islamic law, the unquestioning acceptance of the legal decisions of another without knowing the basis of those decisions.
It's opposite to ijitihad which is physical or mental effort, expended in a particular activity) is an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent).
The person who performs taqlid is termed muqallid. In current scenarios muqallid are Maulanas, political leaders like owaisi who are ashrafias and Muslims are not supposed to apply their aqualiyat (thought process) while they are being told scrapping of art 370 and CAA are illegal.
This is the reason why no Muslim understands step 1 of UNSC resolution and even if they do, they will follow with narrative.
Immi trying for legitimacy through these stunts. Should just be ignored. Dont give him the attention he craves.
Or India should quitely release a map showing baluchistan as part of iran and khyber pakhtunkhwa as part of Afghanistan. Hehe.
Or India should quitely release a map showing baluchistan as part of iran and khyber pakhtunkhwa as part of Afghanistan. Hehe.
As I said earlier, indian abrogation doesn't make any sense to Pakistan.you can't change the rules unilaterally. Pakistan today has shown that it's not scared of Indian military might and it will continue to work to regain control of lost territories. This map is pakistani abrogation. Whether somebody likes it or not, it's now a reality. If India can discuss gilgit and break all rules,we can also discuss junagadh and break all rules. Nobody fights someone else war. Both China and Pak was worried about their own positions in this sub continent after unilateral indian abrogation and I still remember all the celebrations in India. It doesn't change ground reality. Only military action solve this problem between us. Pak today showed courage and Pak is already ready to fight. China and Pak are working side by side. India showed no respect for both China and Pak when it decided to abrogate. People made fun of Pak after abrogation. Time is changing fast. Basically we were pissed off On indian unilateral decision and wanted something that can clear our position.
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