Military trials: SC considers Article 36, Vienna convention

ISLAMABAD: The seven-member constitutional bench headed by Justice Aminuddin resumed hearing of the appeals case related to the trial of civilians in military courts. The bench includes Justice Jamal Khan Mandokhail, Justice Musarrat Hilali, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal.

Defense Ministry lawyer Khawaja Haris resumed his reply arguments and said that if someone commits a crime, the country from which he comes will be called the sending state. Justice Mazhar inquired that, “if it comes to Kulbhushan Yadav, will India be called the sending state?” The Additional Attorney General explained that with regard to the sending state, he will be considered a citizen of that state.

Military courts case: Khawaja Haris likely to complete his arguments today

During the hearing, Khawaja Haris referred to Article 36 of the Vienna Convention and said that he believes that the right to a fair trial exists, “but I do not know whether there is access to a counselor or not.” He said that Article 36 is related to foreign nationals, and foreign nationals have been given consular access.

Justice Mazhar remarked that whether India believes it or not, we will say that they sent [the spy].

Khawaja Haris said that according to the Vienna Convention, India is the sending state in the case of Kulbhushan, adding that the Indian spy got the right to appeal but not Pakistan’s own people. However, he added that consular access cannot be said to be equivalent to the right of appeal.

Justice Rizvi inquired that if the accused cannot afford a lawyer, will the government provide a lawyer? Khawaja Haris replied, “Yes, of course. In such a case, the government provides the facility of a public lawyer.”

The constitutional bench adjourned the hearing until April 17 (tomorrow).