Kulbhushan Jadhav Case: Harish Salve charged Re 1 to lead India to victory at ICJ, even as Pakistan spent crores

After India's big diplomatic victory in Kulbhushan Jhav case at International Court of Justice (ICJ), it was highlighted that Senior vocate Harish Salve charged Re 1 c during public hearing at  Hague while Pakistan spent more than Rs 20 crore on lawyers to prove that Jhav was a spy.

On May 15, 2017, Former External Affairs Minister Sushma Swaraj while responding to a tweet questioning expense India me in this case, she h revealed that Salve was charging merely Re 1 to represent India in Hague. According to reports, Salve's charges Rs 30 lakh a day orwise.

Pakistan government h in its budget document presented in National Assembly last year said that it paid Rs 20 crore to UK-based barrister Khawar Qureshi, who is representing country in Hague. A Cambridge University law gruate, Qureshi is youngest representing case. 

RE: Kulbhushan Jhav Verdict | Sushma Swaraj welcomes ICJ's judgment in India's favour, praises Harish Salve & PM Modi

ICJ's Verdict on Kulbhushan Jhav 

•  ICJ unanimously ruled  that it has jurisdiction
   
• ICJ ruled, with 15-1 votes that India's application is applicable
   
• ICJ ruled, with 15-1 votes That Pakistan violated Vienna Convention by t informing Jhav of his rights
   
• ICJ ruled, with 15-1 votes That Pakistan violated Vienna Convention by t informing India of detention of Kulbhushan Jhav
   
• ICJ ruled, with 15-1 votesThat Pakistan violated Vienna Convention by depriving India right to communicate with Jhav
   
• ICJ ruled, with 15-1 votes That Pakistan is obligated to provide consular access to India and inform Jhav of his rights
   
• ICJ ruled, with 15-1 votes That Pakistan must provide effective review and reconsideration of Jhav's conviction and sentence
   
• ICJ ruled, with 15-1 votes  a stay of Jhav's execution

What is Kulbhushan Jhav case?

Jhav, 49, a retired navy officer was kidnapped by Pakistani authorities on March 3, 2016 from Iran, where he was carrying on his own business and was n shown to have been arrested in Baluchistan. India was informed about arrest on March 25. He was sentenced to death alleging espion on April 2017. Following order by Pakistan's military court, India approached ICJ and appealed that arrest of Jhav and denial of consular access to him is in violation of provisions of Vienna Convention on Consular Relations, 1963.

Since Justice Dalveer Bhandari, former Supreme Court of India judge, is on 10-member ICJ Bench, Pakistan was allowed an hoc judge on Bench — Tassuq Hussain Jillani, a former Chief Justice of Pakistan. India is represented by former Solicitor General Harish Salve and External Affairs Ministry Joint Secretary (Pakistan-Afghanistan-Iran) Deepak Mittal, and Pakistan by Attorney General Anwar Mansoor Khan while Khawar Qureshi is legal counsel.

Kulbhushan Jhav Verdict | Sushma Swaraj Welcomes ICJ's Judgment In India's Favour, Praises Harish Salve & PM Modi

India's stand on matter and India's argument

India claims breach of Article36(1)(b)of Vienna Convention which obliged Pakistan to inform India of arrest of an Indian  national "without delay". It states that Pakistan is in breach of provisions in Vienna convention regarding consular access to Jhav.

India's stand in case states that entire trial and sentence by Pakistan's military court,which was based on "confession taken under custody",without equate legal representation. It is in brazen defiance of  rights and protections provided under Vienna Convention and International Law,including International Covenant on Civil and Political Rights (ICCPR).

What was Pakistan's claim?

Pakistan has asked ICJ to dismiss India's claim. It rejected India’s argument that military courts don’t have officers with judicial expertise and experience. Pakistan attorney general said that judicial review system of Pakistan was robust and Jhav can avail it if he chooses to do it. On India's claim over consular access Pakistan stated taht y provided consular access as it was a case of espion. However its order of executing Jhav was stayed by ICJ.

Pakistan's 'humanitarian gesture'

Pakistan allowed Kulbhushan Jhav's family - his mor and sister - to meet him at Pakistan Foreign Ministry in Islamab for 45 minutes. meeting took place in a controlled environment with a Pakistan official present and a glass screen separating Jhav from his family. family was subjected to humiliating treatment including removal of ir footwear and mangalsutras, and were me to wait an irdinately long time before exiting premises in a move clearly meant at showcasing Pakistan's 'humanitarian' gesture.

India's appeal

• Annul Pakistan's military court's decision of sentencing Jhav.
• Direct Pakistan to release Jhav immediately and falicitate his pass to India.

If trial takes place in Pakistan: 

• It should take place under ordinary law in civilian courts 
• Jhav's confession in custody must be excluded
• Full consular access be given and provisions for India to arrange for legal representations.