JADHAV CASE: Citizen’s Victory Against A State’s Tyranny

Harish Salve with High Commissioner of India to the UK Ruchi Ghanshyam.jpeg

Salve says India 15-1 victory at ICJ in the Kulbhushan Jadhav case vindicates India’s stance and is a victory for every citizen of the world against a state’s tyranny….reports Anasudhin Azeez

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Harish Salve with High Commissioner of India to the UK Ruchi Ghanshyam.jpeg

Mr Harish Salve, former Solicitor General who represented India at the International Court of Justice (ICJ), said the victory in the Kulbhushan Jadhav will set a precedent to protect the rights of every citizens of the world against state’s tyranny.

“In the ICJ and in the systems that we as mankind put together to protect citizens of the world from state tyranny, we had challenged the conduct of Pakistan in its brazen refusal to adhere to the Vienna Convention and to allow consular access to an Indian,” he said.

The ICJ threw out Pakistan’s objection to India’s demand for consular access to Kulbhushan Jadhav on the claim that he was a spy and the Vienna Convention could not be applied in the case. The ICJ in its verdict also ordered Pakistan not to execute Jadhav and asked it to reconsider the death sentence awarded to him by a Pakistani military court in 2017.

The verdict is a huge diplomatic victory for India.

Kulbhushan Jadhav

Salve said Pakistan repeatedly displayed what it claimed was Kulbhushan Jadhav’s passport which led to the top court rejecting Islamabad’s argument that Jadhav’s nationality was uncertain. It took more than three months for Pakistan to inform India about Jadhav’s arrest.

“Pakistan repeatedly played slides of what it claimed was a passport it had recovered from Jadhav…This displaying of passport led to the court rejecting Pakistan’s argument that Jadhav’s nationality was uncertain,” he added.

Speaking in London after the ICJ ruling in favour of India, Salve said the top court has directed that a fair trial should be held in accordance with the Pakistani constitution.

“If it’s back to the military court with the same rule where outside lawyers aren’t allowed, we aren’t allowed, access isn’t given, evidence isn’t given, then it won’t meet the standards,” Salve said.

He also criticised the “adjectives” used by Pakistan in the court.

“I have a degree of personal satisfaction that a lot of adjectives were used by Pakistan, even in replying in the court. I characterise them as unfortunate. It’s my upbringing and India’s tradition which stood in my way of replying to them in that language,” Salve said.

Islamabad: The mother and wife of Mumbai-based former naval officer-turned-businessman Kulbhushan Jadhav, who was arrested on March 3, 2016, and was sentenced to death by a Pakistani military court on charges of espionage and terrorism meet him at the Pakistan Foreign Office in Islamabad on Dec 25, 2017. The meeting, with the death row prisoner lasted for about 40 minutes, but with a glass panel separating them and spoke through a speaker phone. The meeting started at 2.18 p.m., according to the Foreign Office. Indian Deputy High Commissioner J.P. Singh, who accompanied Jadhav's family, was seen watching the reunion from a distance. (Photo: Twitter/@ForeignOfficePk) by .
Jhadav meets his wife and mother. File- (Photo: Twitter/@ForeignOfficePk)

The ICJ directed Pakistan to grant consular access to Jadhav, while holding that it had “breached” the Vienna Convention in this regard by denying him this right.

Salve also expressed gratitude to the ICJ.

“I want to start by expressing gratitude of my country to the ICJ for the manner in which it intervened in this case. It protected Kulbhushan Jadhav from being executed, in a hearing which was put together in a matter of days,” he said.

Meanwhile, Prime Minister said the government of India will always work for the safety and welfare of every Indian.

“We welcome today’s verdict in the @CIJ_ICJ. Truth and justice have prevailed,” Modi said in a Tweet. “Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice. Our Government will always work for the safety and welfare of every Indian.”

The Ministry of External Affairs in a statement also welcomed the ICJ verdict.

“We welcome the judgement delivered just now by the International Court of Justice in The Hague in favour of India in the case relating to Shri Kulbhushan Jadhav,” the MEA said.  “The Court, by a vote of 15-1, has upheld India’s claim that Pakistan is in egregious violation of the Vienna Convention on Consular Relations, 1963 on several counts.  We also appreciate the direction by the International Court of Justice that Pakistan should review and reconsider the conviction and sentence given to Shri Jadhav by the Pakistani military court.

“We note that the Court has directed that Pakistan is under an obligation to inform Shri Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with the Vienna Convention. We expect Pakistan to implement the directive immediately.

“This landmark judgement validates India’s position on this matter fully. We will continue to work vigorously for Shri Kulbhushan Jadhav’s early release and return to India.”


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