Breach of ICJ order on Jadhav will invite UNSC action, says Harish Salve


lawzmagazine.comNEW DELHI: Harish Salve, who led India’s legal fight to get a stay from the International Court of Justice on Kulbhushan Jadhav’s execution, on Thursday said the ICJ interim order was binding on Pakistan and any violation of this directive would invite action by the UN Security Council.

Salve told TOI from London that every interim order and ruling of the international court gets placed before the United Nations Security Council (UNSC) and any violation invites serious action.

“I do not think Pakistan will take the serious risk of facing the wrath of the UNSC by disobeying the ICJ order,” he said. “If Pakistan dares to breach the directive to hold its hands till a formal hearing on India’s plea, it will be inviting dangerous consequences.”

Salve said India placed its case “softly and soberly” before the ICJ and drove home the continuous violation of obligations under Vienna Convention on Consular Access by Pakistan in denying access of Jadhav.

“We had not appealed against the military court verdict before the ICJ. What we presented before the international court was that denial of consular access to India to its citizen in Pakistan was an international treaty violation, a lapse that possibly seriously breached Jadhav’s right to adequate legal assistance. Who knows what could have been the outcome of the trial if Jadhav had full legal assistance from India during the trial,” he said.

Asked what prompted him to do the case pro bono, Salve said that when a cause appealed to him, he always did the case without charging fee. “I have not charged a penny for all the environmental cases I have done in the Supreme Court for more than a decade,” he said.

Salve had told TOI two days ago that Pakistan’s arguments at the international court at the Hague were “contradictory” and “inconsistent” on facts and also on legal aspects, failing to meet the points that were raised by him for a stay on Jadhav’s execution. Pakistan had argued that India’s apprehension on impending execution of Jadhav was a red herring as Pakistani law provided for 150 days clemency period for any condemned prisoner in the country.

“However, India pointed out that on the one hand Pakistan was citing the legal provision prescribing the clemency period available to Jadhav, while on the other hand, it kept reiterating that the country would take stringent steps to punish spies from enemy countries,” he had said.

As carried in Times of india on 19.5.2017

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