Harish Salve was India’s lead counsel in the case.Senior advocate Harish Salve, India’s lead counsel in the case, said he was “relieved and gratified” by the ICJ’s ruling on Wednesday. Speaking to reporters in London, he said: “It is a good moment for us to help (Kulbhushan) Jadhav get justice and ensure he gets a fair trial.”
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“The International Covenant on Civil and Political Rights must inform the interpretation of an effective review,” he said, outlining the next steps for Pakistan. The ICCPR is a multilateral treaty that recognises due process and fair trial among other civil and political rights.
He stressed that Indian consular officers must immediately get access to Jadhav, and then ensure legal representation for him. He said Pakistan must ensure an effective review of its legal processes and amend its law if “the military courts cannot ensure due process” and also ensure publication of the review. He also did not rule out the possibility of approaching the ICJ in future if Pakistan does not comply with the decision.
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“Sanctions in the United Nations Security Council and other remedies could also come into play,” he said. Salve admitted that while India’s “ambitious” request for annulling Jadhav’s conviction and death sentence by a military court were not met, the ICJ had categorically found Pakistan’s actions violative of international law.
