Featured Delhi wants Indian lawyer to represent Jadhav in review plea

[fallstuff]

Delhi wants Indian lawyer to represent Jadhav in review plea
​

The Newspaper's Correspondent |Updated 21 Aug 2020

Kulbhushan Jadhav was convicted on charges of espionage and terrorism and sentenced to death by a military court. — DawnNewsTV/File

NEW DELHI: India on Thursday called for having an Indian lawyer to represent Kulbhushan Jadhav in a Pakistani court when it takes up his review petition against his death sentence, Press Trust of India said on Thursday.​

Jadhav was convicted on charges of espionage and terrorism and sentenced to death by a military court.

The Indian news agency quoted External Affairs Ministry spokesperson Anurag Srivastava as saying India is in touch with Pakistan through diplomatic channels on the issue.

“For a free and fair trial in keeping with the letter and spirit of ICJ (International Court of Justice) judgement, we have asked for Jadhav to be represented by an Indian lawyer."

External Affairs Ministry spokesperson says India is in touch with Pakistan through diplomatic channels on the issue
​

“However, Pakistan has to first address the core issues — giving copies of relevant documents of the case and providing unimpeded consular access to Jadhav,” he said.

Srivastava was responding to a question on the issue at an online media briefing, PTI said.

India has been demanding “unimpeded” consular access to Jadhav, saying this was mandated by the ICJ.

Recently, the Islamabad High Court named three senior lawyers as amici curiae in Jadhav’s case and ordered the Pakistan government to give “another chance” to India to appoint a counsel for the death-row prisoner.

In 2017, India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.

The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay, PTI said.

To practice law it is required you pass the bar exam in Pakistan !

 

[GumNaam]

 

[khanmubashir]

To practice law it is required you pass the bar exam in Pakistan !

Yeah first wait for few years for the Indians to pass Pakistani bar exams then do internship and then fight kulbosh case


Indian gov just wanna hang. This issue and milk it for politics of chutyabhakt as much as they can they know kulbosh ain't getting out

 

[drumstick]

If we lost in icj why didn't the court ask us to set him free.?

do your own research rather than putting dumb questions here..... the topic is for providing a lawyer to Kulbhushan

 

[Gentelman]

India is only playing wait game....
They simply want pakistan to go on with the case without India so they may wine in their public about unfair trial.
Whole of the world know that unprecended access to a terrorist/active service Indian spy is far from possible and now this whole indian lawyer fiasco. Yes Indian lawyer can come to support and sit with the pakistani lawyer bench but he can't practice law here.
Here in Pakistan, Jhadav will be trialed wrt pakistani law according to the ICJ.
India is planning ahead for its excuses of failing and downfall!

 

[Musings]

Anything else? Maybe you'd like a super over to decide the outcome?

The guy was caught red handed spying in a hostile nation and now wants his lawyer from India biryani and chips? Are Indians so dense that they think Pakistan judiciary will allow it?
To be honest I can’t understand why the retard is still alive - spying should result in sentence to death ASAP - don’t need to drag it out.

 

[-blitzkrieg-]

do your own research rather than putting dumb questions here..... the topic is for providing a lawyer to Kulbhushan

Lol.. why getting flared up? Just an innocent question.. since you made the claim and your country is the one that took this case to icj.. you should provide all the details here why icj didnt ask Pakistan to set him free...

 

[drumstick]

The guy was caught red handed spying in a hostile nation and now wants his lawyer from India biryani and chips? Are Indians so dense that they think Pakistan judiciary will allow it?
To be honest I can’t understand why the retard is still alive - spying should result in sentence to death ASAP - don’t need to drag it out.

its because you cant prove it.... ask your courts to prove and then hang him. remember ajmal kasab?

 

[Verve]

Indian Hindu scum just don't get it! They still think they are the Chauhdry of the region. Botched up of a nation lead by fascists think they are some big shots that Pakistan will change it's constitution to allow a stinking Indian lawyer inside our courts!

 

[-blitzkrieg-]

its because you cant prove it.... ask your courts to prove and then hang him. remember ajmal kasab?

Will you trust our courts on other stuff as well ?
Lol ajmal kasab was your own indian citizen..
In india any one can be hired to do anything for a Bob and vegana

 

[Mentee]

its because you cant prove it.... ask your courts to prove and then hang him. remember ajmal kasab?

How about a surgical evac mission like those movie scenes where a bunch of guys take control of a Pakistani international Airport and go home unscratched?

 

[saiyan0321]

A foreign lawyer ( a term used by your delhi court) cannot appear and plead nor can it hold interviews as legal advisor to an accused. The reason is exactly as founded by the Delhi court that a foreign lawyer is not a lawyer in accordance to the Bar Practitioners Act since he has not applied for the relevant licenses to plead a case and appear as a lawyer in that court. This is the law. A foreign lawyer may meet any prisoner as a visitor i.e. that cant apply in Jhadav's case since this is a high profile case thus Pakistan cannot have a foreign lawyer appear before the court and plead a case as a lawyer since it is against the Bar Practitioners rule which states that a person who wishes to plead as an advocate must enroll himself to the relevant bar by giving the licensing exam and then that person must practice for a period of 2 years along with relevant number of cases to be eligible for the license of a High Court and then he must practice for 7-10 years i think and have 300 cases in High court to apply for Supreme court license post which he must give an interview to the Supreme Court bar to be granted that license.

Now to allow for a foreign lawyer to act and plead a case, we would have to amend half the practitioner rules and the high court rules and the supreme court rules which would mean that we would be accepting the practice of a lawyer from a foreign land to be of equal status to the practice of a lawyer from our own legal system.

Sorry but this demand is legally not possible and your own court has stated this as well so atleast follow the directions of your own court.

Not to mention what a precedent it will set.

 

[khail007]

Delhi wants Indian lawyer to represent Jadhav in review plea
​

The Newspaper's Correspondent |Updated 21 Aug 2020

Kulbhushan Jadhav was convicted on charges of espionage and terrorism and sentenced to death by a military court. — DawnNewsTV/File

NEW DELHI: India on Thursday called for having an Indian lawyer to represent Kulbhushan Jadhav in a Pakistani court when it takes up his review petition against his death sentence, Press Trust of India said on Thursday.​

Jadhav was convicted on charges of espionage and terrorism and sentenced to death by a military court.

The Indian news agency quoted External Affairs Ministry spokesperson Anurag Srivastava as saying India is in touch with Pakistan through diplomatic channels on the issue.

“For a free and fair trial in keeping with the letter and spirit of ICJ (International Court of Justice) judgement, we have asked for Jadhav to be represented by an Indian lawyer."

External Affairs Ministry spokesperson says India is in touch with Pakistan through diplomatic channels on the issue
​

“However, Pakistan has to first address the core issues — giving copies of relevant documents of the case and providing unimpeded consular access to Jadhav,” he said.

Srivastava was responding to a question on the issue at an online media briefing, PTI said.

India has been demanding “unimpeded” consular access to Jadhav, saying this was mandated by the ICJ.

Recently, the Islamabad High Court named three senior lawyers as amici curiae in Jadhav’s case and ordered the Pakistan government to give “another chance” to India to appoint a counsel for the death-row prisoner.

In 2017, India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.

The Hague-based ICJ ruled in July 2019 that Pakistan must undertake an “effective review and reconsideration” of the conviction and sentence of Jadhav and also to grant consular access to India without further delay, PTI said.

Tomorrow a fool in Delhi will ask for an Indian judge in Pakistani court to save this terrorist .

 

[Mentee]

A foreign lawyer ( a term used by your delhi court) cannot appear and plead nor can it hold interviews as legal advisor to an accused. The reason is exactly as founded by the Delhi court that a foreign lawyer is not a lawyer in accordance to the Bar Practitioners Act since he has not applied for the relevant licenses to plead a case and appear as a lawyer in that court. This is the law. A foreign lawyer may meet any prisoner as a visitor i.e. that cant apply in Jhadav's case since this is a high profile case thus Pakistan cannot have a foreign lawyer appear before the court and plead a case as a lawyer since it is against the Bar Practitioners rule which states that a person who wishes to plead as an advocate must enroll himself to the relevant bar by giving the licensing exam and then that person must practice for a period of 2 years along with relevant number of cases to be eligible for the license of a High Court and then he must practice for 7-10 years i think and have 300 cases in High court to apply for Supreme court license post which he must give an interview to the Supreme Court bar to be granted that license.

Now to allow for a foreign lawyer to act and plead a case, we would have to amend half the practitioner rules and the high court rules and the supreme court rules which would mean that we would be accepting the practice of a lawyer from a foreign land to be of equal status to the practice of a lawyer from our own legal system.

Sorry but this demand is legally not possible and your own court has stated this as well so atleast follow the directions of your own court.

Not to mention what a precedent it will set.

Or to wrap it up "Mubarak Patel" as per the Geneva convention doesn't get to enjoy the set of choices reserved for a uniform pow

 

[saiyan0321]

Or to wrap it up "Mubarak Patel" as per the Geneva convention doesn't get to enjoy the set of choices reserved for a uniform pow

Doesnt matter if he is a Uniform POW or not. Doesnt matter if he is a foreign individual or no. The most high profile of such case where the individual is a foreigner but the court is local would be the Raymond Davis case. The US had no shortage of lawyers and some extremely competent yet they had to hire a local lawyer which was Zahid Bukhari. A foreign lawyer cannot plead in our court because he is not seen as a relevant pleader in accordance to law.