India might move ICJ to force Pakistan to implement court's judgement in Kulbhushan Jadhav case: Harish Salve

New Delhi: Harish Salve, India's lead counsel on the Kulbhushan Jadhav case, on Saturday said that India might have to move the International Court of Justice (ICJ) to get direction for Pakistan to implement the court's judgement of the case. "We have reached the point that we may have to go to ICJ for consequential direction because Pakistan has not acted on the court's decision," said Salve, a former Solicitor General of India.

Pakistan alleged that Jadhav was a senior Indian intelligence officer who entered Pakistan illegally to carry out acts of sabotage when he was caught. A military court later sentenced him to death on charges of terrorism. India said he was not a spy and that he ran a business in an Iranian border region from where he was abducted and taken to Pakistan and forced to confess. 

Salve further said, "We managed to get the hearing in a matter of weeks. Pakistan was politely told this is not a place for theatrics. We had to keep our case within the Vienna convention, which was a limitation. Pakistan told the world they won the case, good for them."

He added that the Indian government has written to Pakistan but no one knows how things progressing and so India might have to go to ICJ once again. "Pakistan has to keep him in good condition. We have asked for FIR of charge-sheet and judgement of the military court from Pakistan, but they refuse to give that to us. I know the current situation of Kulbhushan Jadhav. We have reached the point that we might have to go to ICJ for consequential direction. Things are not moving in Pakistan," stated Salve.

Salve said that he knows the current situation and India and Pakistan have had 7-8 exchanges. He said that India is hoping that "via backchannel, we will persuade Pakistan to let him go. Even if it is a humanitarian ground, we want him back. Because it has become a big ego problem in Pakistan".

India has written 4-5 letters but Pakistan keeps denying, he said. Confident that "someday we will have him back in India", Salve said, "We have to keep the case under the spotlight, under the global community's watch. ICJ President has called it an important case at the UN. We have kept the glare on the case, in the hope Pakistan that won't act worse.

In 2019, India got a major diplomatic victory at the ICJ with the world court asking Pakistan to "provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations". 

Pakistan gave one consular access after the ICJ order but since then things have not moved publically. The meeting happened in the presence of Pakistani govt officials and was recorded. A comprehensive report has been sent by the Indian mission in Islamabad to Ministry of External affairs on the meeting.

On a lighter note, Salve said, "The only challenge I faced during Kulbhushan Jadhav case was there are no good hotels in the Haque. I need a hotel with a gym."