Harish Salve, has always been an inspiring personality for many a law aspirants. Many of them get attracted by his high profile clientele and the subsequent numbers he makes while representing those clients. But here he has given again not only to law aspirants or young lawyers but all of us a reason to get inspired with him.
Harish Salve has represented India at The International Court of Justice (ICJ) in Kulbhushan Jadhav’s case. For those who are not aware of what The ICJ is, The ICJ stands for International Court of Justice, it is the primary judicial branch of The UN. The court settles legal disputes submitted to it by its member states. As per the Article 93 of the UN Charter, all 193 UN members are by default parties to the Court’s statue. For those who are not aware of whom Kulbhushan Jadhav is, he is an Indian national arrested in Balochistan, Pakistan. He is charged with terrorism and spying for India’s intelligence agency against him.)
Harish Salve is definitely country’s one of the most sought after and most expensive lawyers. In spite of this, all he charged for Jadhav’s case was 1 Rs as a token amount. This was confirmed by Ms. Sushma Swaraj herself. Not only for fighting the case for almost no fee, Harish Salve is also garnering praises from all the across the globe for managing to convince the 11 member jury of The ICJ to put a hold on Jadhav’s death sentence, none of the points that Harish Salve made in his report to The ICJ were rejected.
According to the man himself, he was first approached by Government of India during the initial stages of case for advice after which he researched about the case and suggested to approach The ICJ which he himself thinks was a very big decision on the part of Government of India to make because a lot could have been put at stake.
With all his expertise and experience of over 40 years Salve convinced The ICJ in almost one and half hour presentation by presenting the following points:
• Previous examples of The ICJ rulings related to similar cases of Germany Vs Italy, Mexico Vs The US and Nicaragua Vs The US. He was also successful in convincing court for not allowing Pakistan to screen Jadhav’s confessional video (as claimed by Pakistan).
• Violation of Rights of Article 36 of Vienna Convention by Pakistan, under which rights of consular access are important.
• India’s firm stand on the fact that Kulbhushan Jadhav was picked up from Iran and whatever confessions he has made were extracted from him in military custody.
• The facts that India has many times since Jadhav’s imprisonment requested Pakistan for consular access but in vain. This has prevented India from extending any legal support to Jadhav.
• The fact that Pakistan has also refused to share with India the evidence they have if any against Kulbhushan Jhadav so as to support their claim.
• Pakistan has still not approved visa application of Jhadav’s parents so that they can meet him.
After the hearing, The ICJ has accepted India’s demand for consular access to Kulbhushan Jadhav and has also asked Pakistan to make sure that Kulbhushan Jadhav is not executed till the final decision regarding the case in announced in August, later this year. Salve himself said that while he was proceeding with the case he could feel the connect with the jury and he could sense that the jury is making sense out of his points and thus he had felt positive vibes while presenting his case.
Only a man with such expertise and rich experience can sense that the things are going his way or not. Harish Salve, has emerged once again as in inspiration not only for those who are eyeing Law as a career but for all those who believe in fighting for nation’s cause. This act by Salve is indeed truly national and praiseworthy.
Isn’t it inspiring for all the aspiring lawyers? Please share you opinion and comments on the above story.