ICJ does not allow review of decisions, Pakistan's request a populist ploy: Harish Salve

NEW DELHI: India's lead counsel Harish Salve said on Saturday that Pakistan's attempt to seek a review of the International Court of Justice's interim stay on Kulbhushan Jadhav's execution is a mere populist ploy to please domestic audience and is untenable under international law.

Speaking to TOI from London, Salve said, "There is no appeal or review procedure provided under the ICJ statute or rules against the orders already passed by it. India had pressed for provisional measures citing urgency to save Jadhav on the ground that Pakistan had grossly and continuously violated the mandate of Vienna Convention on Consular Access (VCCA). The ICJ had heard Pakistan in detail before accepting India's plea."

India was also able to convince the ICJ that there was an impending danger to Jadhav's life after a military court sentenced him to death on the charges of spying, Salve said.


Salve added, "ICJ has lot of other work to do too. Once it has given a detailed hearing to both sides and arrived at a decision on provisional measures, it would naturally, at its convenience and depending on its work exigencies, proceed in due course to hear India's plea and Pakistan's counter. Till the final hearing followed by final decision of ICJ becomes a reality, the provisional measures asking Pakistan to hold its hand on execution of Jadhav will remain in force."

He said India had provided robust proof of continuous violation of VCCA by Pakistan in repeatedly denying India consular access to Jadhav, when he was in detention, when he was put to trial and even after he was convicted and condemned.

"Pakistan had cited the 2008 bilateral treaty to step around its obligations under VCCA, which was rejected by the ICJ," he said.

He said India could also establish that the denial of consular access to Jadhav could have seriously impeded his legal defence.

ICJ took this seriously and sought an assurance from Pakistan about non-execution of Jadhav, he said, adding Pakistan attempted to step around this question from ICJ by citing that till 150 days from the death sentence, Pakistani law permitted Jadhav to seek clemency.

Salve said ICJ viewed this as no assurance against possible execution of Jadhav. India had moved ICJ on May 8 and as no appropriate bench was available to deliberate on India's urgent plea, ICJ president was convinced to write to Pakistan to hold its hands till a detailed hearing on provisional measures on May 15.

India drove home its points well on May 15 and earned a reprieve for Jadhav.