May have to approach the ICJ in Kulbhushan Jadhav case again: Senior Advocate Harish Salve   

New Delhi: – India is contemplating to approach the International Court of Justice (ICJ) for the release of Kulbhushan Jadhav, arrested by Pakistan under false charges of espionage and terrorism. Pakistan has still not executed the order issued by the ICJ. Pakistan has made this a prestige issue. Many official letters have been written to Pakistan regarding Kulbhushan. Senior advocate Harish Salve said that as there has been no response from Pakistan in the matter, and India is exploring the option of approaching the ICJ once again.  

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Pakistan claims that Jadhav had been arrested from the Baluchistan province in 2016. India has, time and again, refuted the Pakistani claim. As per the Indian claim, he was abducted from Iran, and it was shown that he was arrested in Baluchistan and false charges were filed against him. He was even refused legal aid, in violation of the United Nations convention. Thereafter, in 2017, a Pakistan court suddenly handed out a death punishment to Jadhav. Following this, India approached the ICJ. Advocate Harish Salve represented India in the ICJ. Pakistan could not substantiate any of its claims. Therefore, the ICJ ordered the suspension of the death sentence, reconsideration of the death punishment and to provide legal assistance to Jadhav.   

Harish Salve said during an interview, ‘Pakistan has still not implemented any part of the ICJ order. Pakistan has not even handed over the copy of the FIR and charge sheet to India till date. Hence, India is relentlessly following up the matter with Pakistan. Discussions have been held with Pakistan even through the ‘back channel’. India has even demanded that Jadhav be released on humanitarian grounds. But this was also not heeded to. Pakistan has made this a prestige issue.’  

Salve informed ‘It was expected that Pakistan would respond to the Indian demand and execute the orders of the ICJ. But that was not the case. Pakistan has not responded to any communication. Therefore, we have reached a point where we need to make a decision. The option to approach the ICJ, once again, is open. This is under consideration, but no decision has still been taken in the matter.’ 

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