Justice Jillani served as a judge of the Supreme Court of Pakistan from 2004 to 2013 and subsequently as the 21st Chief Justice of Pakistan from December 2013 until July 2014.
The decision to appoint Jillani as an ad-hoc judge came as Pakistan started the process to file its plea in response to Indian memorial submitted with the International Court of Justice (ICJ) on September 13 against the conviction of Jadhav.
The ICJ had asked Pakistan to submit its written response or memorial by December 13 before the court could start further proceedings.
Pakistan Minister Khawaja Muhammad Asif had told a gathering at the Asia Society in New York that Pakistan received a proposal to swap Jadhav with a terrorist, lodged in an Afghan jail, India refuted the claim saying there was no proposal.
In a hearing of the case on May 18, a 10-member bench of the ICJ restrained Pakistan from executing Jadhav.
Pakistan said that it has received India’s written pleadings to the International Court of Justice (ICJ), which is hearing the case of Kulbhushan Jadhav, a retired Indian navy officer sentenced to death by a Pakistani military court for alleged espionage.
“India has, today, submitted its Memorial (written pleadings) to the ICJ in the Jadhav case involving egregious violation of Vienna Convention on Consular Relations 1963 by Pakistan,” External Affairs Ministry Spokesperson Raveesh Kumar said
Hearing for the Kulbhushan Jadhav case at the International Court of Justice in The Hague will resume on Wednesday. BJP leaders are hoping for an early return of the Indian national who was illegally sentenced in Pakistan and now stands on death row pending the verdict of the top international court.
Pakistan claims it arrested Jadhav in March last year from its restive Balochistan province, where the CPEC culminates at the deep-water Gwadar Port. But India maintains Jadhav was kidnapped from Iran where he had business interests.
The nomination of the ad-hoc judge will be finalised after getting inputs from the Foreign Office and the military establishment. Earlier, government functionaries had also considered the name of former chief justice of Pakistan Tassaduq Hussain Jillani.
What is worrying New Delhi is that since Pakistan’s powerful military has to assert its influence and play to the gallery, India’s former Navy officer Kulbhushan Jadhav may become the casualty in the process.
“We have no official information on the change of status of the request made to grant the visa to Jadhav’s mother,” he said when asked if there was any formal communication from Pakistan on India’s request for a visa for Avantika to meet her son.
A Pakistani daily has voiced support in favour of Jadhav’s mother, saying she should be granted visa to visit Pakistan on humanitarian grounds as this provides opportunity for India and Pakistan to back away from an increasingly confrontational stance.
Pakistan Army spokesman Major General Asif Ghafoor told reporters that Gen Bajwa was “analysing the evidence against Jadhav. The Army chief will decide on Jadhav’s appeal on merit.”
The remarks came two days after External Affairs Minister Sushma Swaraj said she had written a “personal letter” to Sartaj Aziz, the adviser to the Pakistani Prime Minister on foreign affairs, asking for approval of Avantika Jadhav’s visa application so that she may travel to Pakistan to meet her son.