{"id":235353,"date":"2020-09-04T14:00:13","date_gmt":"2020-09-04T08:30:13","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=235353"},"modified":"2020-09-04T13:53:21","modified_gmt":"2020-09-04T08:23:21","slug":"fair-trial-is-the-foundation-of-the-rule-of-law-and-criminal-justice-system-islamabad-hc-rules-in-favour-of-extending-another-chance-to-the-govt-of-india-to-appoint-a-counsel-for-k","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/09\/04\/fair-trial-is-the-foundation-of-the-rule-of-law-and-criminal-justice-system-islamabad-hc-rules-in-favour-of-extending-another-chance-to-the-govt-of-india-to-appoint-a-counsel-for-k\/","title":{"rendered":"\u201cFair trial is the foundation of the rule of law and criminal justice system\u201d: Islamabad HC rules in favour of extending another chance to the Govt. of India to appoint a counsel for Kulbhushan Jadhav"},"content":{"rendered":"

Islamabad High Court: <\/strong>The Bench of Athar Minallah, C.J., Aamer Farooq and Miangul Hassan Aurangzeb, JJ., while observing that the right to a fair trial is the foundation of the rule of law and criminal justice system and its essence is to assure to every party that he or she, would be treated fairly and justly by an impartial and independent judicial forum; held that another opportunity should be extended to the Government of India to consider taking appropriate measures to ensure effective compliance with the judgment of the International Court of Justice wherein it had ordered Government of Pakistan to review and reconsider Kulbhushan Jadhav\u2019s conviction and sentence and provide him with consular access<\/a>. The Court also extended its assurance to Jadhav that his rights, especially that of fair trial is a vital factor while reviewing his sentence. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/strong><\/p>\n

Following the decision of the ICJ, the Govt. of Pakistan had promulgated the International Court of Justice (Review and Reconsideration) Ordinance, 2020 to meet its obligations regarding giving effect to the judgment. As per Attorney General Khalid Javed Khan\u2019s Report, Jadhav had reiterated his earlier stance and has preferred to pursue the remedy of clemency instead of invoking his right under the Ordinance of 2020. Attorney General further reported that the Government of India has been duly informed regarding the proceedings of this Court held on 03-08-2020 in pursuance of which concerned officials gave a detailed briefing to Jadhav regarding his right to avail the statutory remedy provided under the Ordinance of 2020. It was noted that the Govt. of India\u2019s response is awaited.<\/p>\n

Perusing the existing the scenario, the Bench observed that, \u201cWe are of the opinion that these proceedings and judicial review, on the basis of the judgment of the International Court, may not be meaningful and effective if Commander Jadhav and the Government of India decide not to exercise the course of action highlighted in the judgment of the International Court\u201d.<\/em> Concluding the Order and fixing the next proceeding on 06-10-2020, the Bench issued following directions to ensure effective review and reconsideration so as to give effect to the judgment of the International Court-<\/p>\n