Indian counsel Harish Salve criticizes Pakistan’s move at ICJ

PakistanToday

8 years ago

New Delhi: Pakistan’s attempt to seek a review of International Court of Justice’s interim stay on Kubushan Jadhav’s execution is a mere populist ploy to please the domestic audience and is untenable under international law, said Indian counsel Harish Salve on Saturday.

“There is no appeal or review procedure provided under the ICJ statute or rules against the orders already passed by it. India had pressed for provisional measures citing urgency to save Jadhav on the ground that Pakistan had grossly and continuously violated the mandate of Vienna Convention on Consular Access. The ICJ had heard Pakistan in detail before accepting India’s plea.”, said Salve speaking to an Indian news agency.

ICJ was convinced that there existed an impending danger to Jadhav’s life after a military court sentenced execution for espionage, he added.

As far as the consular access is concerned he said that Pakistan had grossly violated the Vienna convention. “Pakistan had cited the 2008 bilateral treaty to step around its obligations under VCCA, which was rejected by the ICJ,” he said.

He said India could also establish that the denial of consular access to Jadhav could have seriously impeded his legal defence.

Contrary to Mr Salve’s resolve, former Chief Justice Markandey Katju has remarked that taking the Jadhav’s case to ICJ was a serious mistake by India.

He added that taking the case to the Hague has opened the avenue for Pakistan to bring before the International court the Kashmir dispute which awaits implementation of the famous Security Council resolution demanding a plebiscite in Kashmir.

As far as the interim stay granted by ICJ is concerned, it is clarified that the Jadhav case has only begun and the final decision will be based on the merits of the case. Pakistan has repeatedly claimed that the Jadhav case concerns its national security and ICJ cannot hear the case under the Vienna Convention.

Under the tenets of International law Pakistan, by no means, is bound by the decision that ICJ delivers.