ISLAMABAD: The Islamabad High Court (IHC) has granted a two-week respite to Barrister Shah Nawaz Noon, counsel for the Indian High Commission (IHC), for suggestions on the case of Indian spy commander Kulbhushan Yadav.
A bench of the Islamabad High Court headed by Chief Justice Athar Minallah and comprising Justice Amir Farooq and Justice Mian Gul Hassan Aurangzeb heard the petition seeking appointment of a legal representative for Indian spy Kulbhushan.
Justice Mian Gul Hassan Aurangzeb, who was present in the bench, attended the hearing through video link due to illness. Chief Justice Athar Minallah said that Justice Mian Gul Hassan Aurangzeb is in quarantine so he will participate through video link.
In his arguments, Attorney General of Pakistan Khalid Javed Khan said that we are all working hard to implement the decision of the International Court of Justice.
Chief Justice Athar Minallah asked whether the concerns of the Indian High Commission had been allayed, to which the Attorney General said that India was not deliberately participating in the proceedings.
The Chief Justice said that Commander Kulbhushan Yadav is an Indian citizen, the matter is to implement the decision of the International Court of Justice, we just need India’s help.
The Attorney General said that the Indian High Commission has approached the Islamabad High Court in another regard and is a petitioner in this case.
He said that India was not cooperating in the case of Kulbhushan, India did not even need to be a petitioner, India has filed a petition for its own prisoners which is scheduled for hearing today.
“India does not need to file a petition in this case but can be part of the court proceedings through a lawyer, but India says that if we submit a power of attorney, it is against our sovereignty,” he said.
The Chief Justice said that if India has reservations, it can approach the court. We were told that there have been contacts between the government of Pakistan and India on this issue but the Attorney General said that India has some reservations in the Clubbhushan case.
Indian High Commission lawyer Shahnawaz Noon appeared before the court and said that he was representing the Indian embassy.
Lawyer Shahnawaz Noon told the court that I was asked to get the documents from the Attorney General’s Office but the Attorney General’s Office refused to give me the record.
“I was told that after the signature of Kulbhushan on the power of attorney, you can be provided with the documents,” the chief justice said, adding that the International Court of Justice had ruled that Pakistan’s laws had to be enforced. If they have any reservations, they can be placed before this court.
On this occasion, the Attorney General said that we want India to appoint a lawyer for Kulbhushan Yadav. Chief Justice Athar Minallah said that this court also wants India to appoint a lawyer for Kulbhushan Yadav.
“I was appointed as a lawyer for Kulbhushan Yadav and the Indian embassy has asked me to get the documents,” said Shahnawaz Noon, a lawyer for the Indian High Commission.
The Attorney General said that if they appear before the court after signing the power of attorney, we will provide the documents. The Chief Justice said that I think this is a very appropriate position of the government of Pakistan.
The court gave time to the Indian High Commission lawyer to seek directions from the High Commission and the Attorney General said that India could give power of attorney to Barrister Shah Nawaz Noon in the case.
Khalid Javed Khan said that the power of attorney is for the lawyer while the power of attorney is for the representative and Chief Justice Athar Minallah said that now you are before this court and the Indian High Commission can give you power of attorney.
Chief Justice Athar Minallah asked Barrister Shah Nawaz Noon to take suggestions from the Indian High Commission and inform this court.
Chief Justice Athar Minallah asked him how much time he would need, to which Barrister Shah Nawaz said give him a week, but the Chief Justice said take two weeks, we have another law. However, the court adjourned the case till December 1.
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