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NEW DELHI: India hoped to be able to persuade Pakistan through the “secondary channel” to free the retired Indian Navy officer Kulbhushan Jadhav, who was sentenced to death by a Pakistani military court on charges of “espionage and terrorism” in 2017, Lead attorney Harish Salve has said.
Salve was India’s chief lawyer in the Jadhav case at the International Court of Justice (ICJ), which last year ruled that Pakistan should review the death sentence given to the retired naval officer after a closed trial.
During a series of online conferences organized by Akhil Bharatiya Adhivakta Parishad, affiliated with Rashtriya Swayamsevak Sangh (RSS) on Saturday, Salve from London said the Indian side has continued to ask how Pakistan intends to conduct the ICJ trial and give a effective review and reconsideration, but no response received.
“We were hoping that through the back channel, we could convince Pakistan to let it go. If they want to say it for humanitarian reasons or whatever, we want it back. We said to let it go. Because it has become a huge ego problem. in Pakistan. So we were hoping they would let him go. They haven’t, “he said, answering a question about the current situation in the matter.
“We have written four or five letters. They continue to deny,” he said. “I think we have reached a point where we now have to decide whether we want to go back to ICJ for consistent instructions because Pakistan has not advanced.”
Salve said that following the ICJ order, Pakistan had granted consular access, but that it was too late and that “now we have been in a fight with Pakistan to get them to install machinery.”
“Pakistan believes that, in the first place, they told everyone that they had won the case, good for them. And now, they continue to say that you have to file a procedure in a Pakistani court or carry out a Pakistani process,” he said. .
“We continue to say how you intend to conduct the ICJ trial and give an effective review and reconsideration. They refuse to answer that question. We have had round-trip exchanges. I think the Government of India has been writing to them and who He knows the way things are, someday we will have to return to the ICJ, trying to do justice for Jadhav, “said Salve.
He said that to date, Pakistan has declined to share details of the case, such as the FIR, the charge sheet or the military court ruling in the matter.
In response to a question about the alleged offensive languages used by the lawyer representing Pakistan at ICJ, Salve said that the Pakistani lawyer had used “very strong language” against India.
“At ICJ, we never use words like these. I checked the words, and Pakistan has used worlds as disgusting, lying and dishonest many times,” he said.
Salve said that he did not want to lower himself to the level of Pakistan, since Indian traditions did not allow him to use such bad words and, in addition, he respected the ICJ and its portal.
Salve then referred to a statement from an ICJ registrar made to the Indian ambassador during a function.
“He (the registrar) said there was a lot of heat in this case.” Salve recalled, adding that he said that the sanction case between the United States and Iran was important, but that it was done peacefully.
Sharing the experience of the hearing in the Jadhav case, he said that at the time of the rebuttal, the Pakistani lawyer had apologized for the language used.
“We are keeping this case under the glare of the international community in the hope that Pakistan will not do what it does,” he said in response to a question about how to save Jadhav from the fate imposed on Sarabjit Singh in Pakistan prison.
Sarabjit, who was convicted of alleged involvement in bomb attacks in Pakistan’s Punjab province in 1990, was brutally attacked by prisoners in the Kot Lakhpat prison and had died in a hospital in the country.
Salve, while addressing the lawyers, gave the background to Jadhav’s case and said that he is the former commander of the Navy and his case is that he conducts business in Iran and was kidnapped one day.
“It was handed over by the Taliban to the Pakistani army. The fact that he was captured by the Pakistani army on the Pakistani border with Iran is an admitted fact. Of course, Pakistan does not admit that it was kidnapped by the Taliban. There is no clarity There was no clarity in the case of Pakistan on how they caught him, ”said Salve.
“In general, his case is that he was caught trying to infiltrate Pakistan on the Pakistan-Iran border at the place called Chhabahar. That’s where they caught him, “he said.
Salve added that before Pakistan informed India of Jadhav’s arrest, they had made their global confession.
“Confession is an interesting read. It’s a very general type of confession that says I’ve been a bad boy. I have indulged in terrorist activities in this place and in that place and on behalf of India. I have done many bad things in Pakistan. No details, no dates, no incidents mentioned, no specific incidents mentioned. They claim that on this basis, he was sent to trial, given an army officer, as a lawyer to represent him. They claim he was tried, “he said.
Pakistan has claimed that Jadhav was arrested on March 3, 2016, and India was informed on March 25, 2016, when her foreign secretary raised the matter with the Indian consulate in Islamabad.
Jadhav was sentenced to death on charges of espionage and terrorism in April 2017 by the army court.
India had moved the ICJ against the Pakistan Army court.
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Salve was India’s chief lawyer in the Jadhav case at the International Court of Justice (ICJ), which last year ruled that Pakistan should review the death sentence given to the retired naval officer after a closed trial.
During a series of online conferences organized by Akhil Bharatiya Adhivakta Parishad, affiliated with Rashtriya Swayamsevak Sangh (RSS) on Saturday, Salve from London said the Indian side has continued to ask how Pakistan intends to conduct the ICJ trial and give a effective review and reconsideration, but no response received.
“We were hoping that through the back channel, we could convince Pakistan to let it go. If they want to say it for humanitarian reasons or whatever, we want it back. We said to let it go. Because it has become a huge ego problem. in Pakistan. So we were hoping they would let him go. They haven’t, “he said, answering a question about the current situation in the matter.
“We have written four or five letters. They continue to deny,” he said. “I think we have reached a point where we now have to decide whether we want to go back to ICJ for consistent instructions because Pakistan has not advanced.”
Salve said that following the ICJ order, Pakistan had granted consular access, but that it was too late and that “now we have been in a fight with Pakistan to get them to install machinery.”
“Pakistan believes that, in the first place, they told everyone that they had won the case, good for them. And now, they continue to say that you have to file a procedure in a Pakistani court or carry out a Pakistani process,” he said. .
“We continue to say how you intend to conduct the ICJ trial and give an effective review and reconsideration. They refuse to answer that question. We have had round-trip exchanges. I think the Government of India has been writing to them and who He knows the way things are, someday we will have to return to the ICJ, trying to do justice for Jadhav, “said Salve.
He said that to date, Pakistan has declined to share details of the case, such as the FIR, the charge sheet or the military court ruling in the matter.
In response to a question about the alleged offensive languages used by the lawyer representing Pakistan at ICJ, Salve said that the Pakistani lawyer had used “very strong language” against India.
“At ICJ, we never use words like these. I checked the words, and Pakistan has used worlds as disgusting, lying and dishonest many times,” he said.
Salve said that he did not want to lower himself to the level of Pakistan, since Indian traditions did not allow him to use such bad words and, in addition, he respected the ICJ and its portal.
Salve then referred to a statement from an ICJ registrar made to the Indian ambassador during a function.
“He (the registrar) said there was a lot of heat in this case.” Salve recalled, adding that he said that the sanction case between the United States and Iran was important, but that it was done peacefully.
Sharing the experience of the hearing in the Jadhav case, he said that at the time of the rebuttal, the Pakistani lawyer had apologized for the language used.
“We are keeping this case under the glare of the international community in the hope that Pakistan will not do what it does,” he said in response to a question about how to save Jadhav from the fate imposed on Sarabjit Singh in Pakistan prison.
Sarabjit, who was convicted of alleged involvement in bomb attacks in Pakistan’s Punjab province in 1990, was brutally attacked by prisoners in the Kot Lakhpat prison and had died in a hospital in the country.
Salve, while addressing the lawyers, gave the background to Jadhav’s case and said that he is the former commander of the Navy and his case is that he conducts business in Iran and was kidnapped one day.
“It was handed over by the Taliban to the Pakistani army. The fact that he was captured by the Pakistani army on the Pakistani border with Iran is an admitted fact. Of course, Pakistan does not admit that it was kidnapped by the Taliban. There is no clarity There was no clarity in the case of Pakistan on how they caught him, ”said Salve.
“In general, his case is that he was caught trying to infiltrate Pakistan on the Pakistan-Iran border at the place called Chhabahar. That’s where they caught him, “he said.
Salve added that before Pakistan informed India of Jadhav’s arrest, they had made their global confession.
“Confession is an interesting read. It’s a very general type of confession that says I’ve been a bad boy. I have indulged in terrorist activities in this place and in that place and on behalf of India. I have done many bad things in Pakistan. No details, no dates, no incidents mentioned, no specific incidents mentioned. They claim that on this basis, he was sent to trial, given an army officer, as a lawyer to represent him. They claim he was tried, “he said.
Pakistan has claimed that Jadhav was arrested on March 3, 2016, and India was informed on March 25, 2016, when her foreign secretary raised the matter with the Indian consulate in Islamabad.
Jadhav was sentenced to death on charges of espionage and terrorism in April 2017 by the army court.
India had moved the ICJ against the Pakistan Army court.
