Senior Advocate Harish Salve QC on Jadhav case: We have to now decide whether we want to go back to ICJ for consequential directions

Senior Advocate Harish Salve QC India had hoped it might be able to persuade Pakistan through “back channel” to release retired Indian Navy officer Kulbhushan Jadhav, who was sentenced to death by a Pakistan military court on charges of “espionage and terrorism” in 2017.

Harish Salve further stated that,“I think we have reached a point where we have to now decide whether we want to go back to ICJ for consequential directions because Pakistan has not moved ahead.”

He further added that following the ICJ order, Pakistan had granted consular access but it was too late and “we have now been in a tussle with Pakistan to get them to set up machinery.” “Pakistan believes, first of all they told the whole world they have won the case, good for them. And now, they keep saying that you have to file a proceeding in a Pakistani court or take Pakistani proceedings,” he said.

Senior Advocate Harish Salve was lead counsel for India in the Jadhav case at the International Court of Justice (ICJ) which had last year ruled that Pakistan must review the death sentence awarded to the retired naval officer after a closed trial.

The observations came while he was speaking in an webinar organised by Akhil Bharatiya Adhivakta Parishad, affiliated to the Rashtriya Swayamsevak Sangh (RSS) on Saturday,

He stated that,“We keep saying how you propose to carry out the judgement of ICJ and give effective review and reconsideration. They refuse to answer that question. We have had exchanges backward and forward. I think the Government of India has been writing to them and who knows the way things are going, we may have to go back in the ICJ someday, trying to get justice for Jadhav”.

Harish Salve said till date, Pakistan has refused to share the case details such as the FIR, the chargesheet or the judgement of the military court in the matter.

Responding to a question about the alleged offensive languages used by lawyer representing Pakistan at the ICJ,Harish Salve said the Pakistan’s lawyer had used very “strong language” against India.

“In the ICJ, we never used words like these. I did the word check and worlds like disgusting, lying and dishonest have been used by Pakistan many times,” he said.

Salve said that he did not want to stoop to the Pakistan’s level as Indian traditions did not allow him to use such bad words and, moreover, he respected the ICJ and its portal. He also stated that his Indian culture does not permit him to use such derogatory language.

Pakistan has claimed that Jadhav was arrested on March 3, 2016 and India was informed on March 25, 2016, when its Foreign Secretary raised the matter with the Indian consulate in Islamabad.

Jadhav was sentenced to death on charges of espionage and terrorism in April 2017 by the Army court.

India had moved the ICJ against the Pakistan Army court.