Post ICJ, India tried to persuade Pak through back channel to release Kulbhushan: Harish Salve

New Delhi, May 3

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, senior advocate Harish Salve has said.

Salve was the 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.

During an online lecture series organised by the Akhil Bharatiya Adhivakta Parishad, affiliated to the Rashtriya Swayamsevak Sangh (RSS) on Saturday, Salve from London said the Indian side has kept on asking how do Pakistan propose to carry out the ICJ judgement and give effective review and reconsideration, but no answer has been forthcoming.

“We were hoping that through back channel, we may be able to persuade Pakistan to let him go. If they want to say on humanitarian ground or whatever, we want him back. We said let him go. Because it has become a big ego problem in Pakistan. So, we were hoping that they will let him go. They haven’t,” he said, while answering a question on the current situation in the matter.

“We have written four-five letters. They just keep on denying,” he said.

“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.”         

Salve said 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.

“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,” Salve said.

He 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, 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. PTI

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