Islamabad High Court judge refers case of 4 Indian spies’ release to CJ



Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) on Friday directed to send the case regarding release of four Indians convicted by a military court on charges of espionage and terrorism to the court of Chief Justice Athar Minallah.

On Thursday, the Indian High Commission filed a petition in the IHC for the release of the spies.

The petition was filed through Barrister Malik Shah Nawaz Noon which contended that the Indian prisoners, Bircho, Bang Kumar, Satish Bhag and Sonu Singh should be released as they have served their sentences.

During Friday’s proceedings, the court said that all such cases are in the court of Chief Justice Athar Minallah. “Let’s also send this case to the chief justice's court as relevant cases are pending there,” the court observed.

The case will be moved today or on Monday.

The petition filed for the release of the Indian spies stated that keeping prisoners in jail after serving their sentences is a violation of the rights under the Constitution of Pakistan. “Legally, there is no reason for them to be imprisoned. Prisoners should be released and arrangements be made for their return to India,” it stated.

Earlier on October 6, however, the second deadline set by the IHC for India to appoint a legal representative for another convicted Indian spy, Kulbhushan Jadhav, expired.

Pakistan has repeatedly invited the Indian government to pursue the case of the convicted Indian Naval intelligence officer but New Delhi has yet to appoint a legal representative.

The bench, headed by IHC Chief Justice Athar Minallah, presided over the law ministry's request to provide counsel to Jadhav.

In August, the IHC had formed a three-member larger bench at the government’s request to appoint a lawyer for Jadhav for his appeal against the death penalty awarded to him by a military court.

Justice Minallah instructed Attorney General for Pakistan (AGP) Khalid Javed Khan to determine if the court can appoint a legal representative for Jadhav – sans his or India's approval – and what consequences such a move would have.

The chief justice adjourned the hearing till November 9.

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