The India-Pak Joint Defence Committee for Prisoners (IPJDCP), a forum of lawyers from both the countries, has petitioned before the Pakistan Supreme Court against the death sentence awarded to Indian national Kulbhushan Sudhir Jadhav by the Pakistan army through court martial (FGCM) on April 10.
The petition was drafted under the chairmanship of Prof Bhim Singh, a senior advocate from the Supreme Court of India, after a series of phone discussions to provide free legal aid to Jadhav.
In the petition to the Chief Justice of the Pakistan Supreme Court, it was contended that “the order/ malafide judgment/ authoritarian order ordering death sentence to an Indian civilian be set aside and a fair trial within the meaning and scope of the Constitution of Pakistan may be held by an appropriate court of law in accordance with the rules and procedure prescribed to hold a trial against a civilian by providing him reasonable legal aid/assistance”.
Speaking to LiveLaw, Singh said: “This legal aid committee (applicant) is prepared to provide legal aid and assistance to Kulbhushan Jadhav in his defense before an appropriate court constituted in accordance with the constitutional mandate of the Islamic Republic of Pakistan.”
It sought a copy of the judgment. The committee said: “An appropriate writ petition shall be filed before the Hon’ble Supreme Court of Pakistan if the copy of judgment of the impugned order dated April 10, 2017, is available challenging the credibility and viability of the impugned order of the Pakistan Military Court under the Pakistan Army Act.”
Referring to the Official Secret Act of both countries, the petition said, “This is misfortune that both in India and in Pakistan, the outdated and mischievous Official Secret Act of 1923 (enacted by colonial British Empire) is being misused against their nationals both in India and in Pakistan. This is sad and unfortunate that democratic countries like Pakistan, military is still using colonial/ outdated/ malicious laws enacted by British colonial Parliament against Indians in 1923.”
Read the Petition here.