ISLAMABAD: Pakistan on Thursday apprised the International Court of Justice of its intention to get an ad hoc judge appointed who would sit on the ICJ bench during its proceedings, including substantive hearings in the Kulbhushan Jadhav case.

The court is currently seized with an Indian complaint about the conviction in Pakistan of Indian spy Commander Kulbhushan Jadhav. Through an interim ruling in May, the court had stayed Jadhav’s execution.

According to sources, names of three jurists are being discussed in the relevant circles regarding possible appointment as ad hoc judge in ICJ — senior counsel Makhdoom Ali Khan and former chief justices Tasadduq Hussain Jillani and Nasir-ul-Mulk.

A statement issued by the office of Attorney General Ashtar Ausaf Ali after ICJ’s President Ronny Abraham had met in The Hague delegations of Pakistan and India said the timelines of the Jadhav case were discussed in considerable detail during the meeting.

Pakistani, Indian legal teams meet president of world court

The registrar of the world court and some of his senior colleagues were present on the occasion.

Mr Ausaf, who is leading the Pakistani delegation, explained that the purpose of the meeting was to discuss procedural matters, including the timelines, for submission of written memorials and to enable a hearing to be listed. The meeting should not be termed a hearing because no discussion on the substance or merits of the case took place.

Commander Jadhav was seized in Balochistan in March last year and he later confessed to his association with the Indian spy agency Research and Analysis Wing. He also admitted to involvement in espionage activities and fomenting terrorism in Pakistan.

Earlier this year the Field General Court Martial handed down death sentence to Jadhav, which was confirmed by Army Chief Gen Qamar Javed Bajwa on April 10.

According to the statement, the ICJ president sought the views of the two parties regarding the time required for submission of their written pleadings and supporting evidence called memorials.

Mr Ausaf urged the court to adopt an “expedited timetable” with a view to having an early substantive hearing. The court would announce the timetable shortly.

The media handout said the Indian application sought the release or acquittal of Jadhav but as was made clear by Pakistan’s counsel Khawar Qureshi QC on May 15, India cannot achieve this goal through the ICJ.

As was explained earlier, on May 18 the world court only issued a procedural order to enable a full hearing to take place, said the statement. The court did not make any “finding on jurisdiction or merits”.

Pakistan’s arguments on jurisdiction and merits would be considered by the court at the full hearing, it added.

“As can be seen from paragraph 60 of the ICJ order..., the world court stated that it in no way prejudged jurisdiction, admissibility or merits,” the statement said, adding that Pakistan was confident that India would not succeed in obtaining acquittal or release of Commander Jadhav on the basis of its application to the international court.

Published in Dawn, June 9th, 2017