Felt a positive energy while arguing case: Harish Salve hails ICJ order after playing match-winning innings

Senior Supreme Court counsel and former solicitor general of India, Harish Salve, who represented Kulbhushan Jadhav's death sentence case at the International Court of Justice, said he is extremely happy at the court's verdict on the case.

"I am very happy and that justice has finally been done. Thanks a lot," Salve said while speaking to CNN-News18.

India's case on Kulbhushan Jadhav has been "emboldened" and "invigorated" with the first round of victory at the International Court of Justice, senior advocate Harish Salve, who represented the country

Salve, who took up the case 'pro bono' (free of charge), said India had "a lot at stake" in it and that he felt a "positive energy and connect with judges" while arguing the matter in which Pakistan did not seem to have the same.

"As a lawyer for 40 years, you get a feel of how judges are reacting. I felt a positive energy when I was arguing the case.

"I felt the judges were connecting. I felt gratified. I did not feel that connection when the other side was arguing," he told TV news channels from London.

Salve said, "It was a complicated subject. We worked hard and prima facie got acceptance on all our points. We are now a lot more emboldened and a lot more invigorated." He said it was a big decision by the government to approach the ICJ as India had a lot at stake. "The government had complete faith in my advice," he said.

He said that the ICJ has rightly held that India should have been granted consular access as per the Vienna Convention to which both the countries have been signatories since 1977.

"We had asked for consular access much before the trial began. The consular access should have been granted in March 2016 itself," Salve said.

He said that the order of the ICJ was "binding" on both the countries.

"I think the court thought it appropriate to clarify that this order is binding. That puts everything to rest and also indicates the mind of the court prima facie. To me as a lawyer, it's a degree of satisfaction," he said.

On being asked about charging Re 1 as the fee for fighting the case, Salve said he took the case "pro bono" as he believed in it.

"When you believe in the case you do it pro bono and this was such a case. Government of India sought advice from me at the initial stage after which I researched about the case and gave my advice," he said.

"The execution of the death sentence cannot be done while this court is hearing the appeal. Else, it will be a violation of the Vienna Convention," lead attorney Harish Salve had argued.

The urgent hearing came after the ICJ last week stayed Jadhav's execution. While India presented its argument over 90 minutes, Pakistan, which claims that Jadhav is an agent of India's external intelligence agency Research and Analysis Wing (RAW), gets its turn later in the day.

Pakistan had denied India its 16 requests for consular access, Salve said. "The graver the charges, the greater the need for continued adherence of the Vienna Convention. Jadhav has been in judicial custody without any communication with his family," he said.

Harish Salve, who is son of NKP Salve, a late Congress politician, is among the most expensive lawyers in India and according to media reports, charges up to Rs 30 lakh for a one-day appearance in the Supreme Court of India.

Salve, a former solicitor general of India, is a chartered accountant and a commerce and law graduate. He started his career as a chartered accountant but later on moved to the legal profession. He has made his base in London.

Salve became a senior lawyer of the Supreme Court in 1992 and the solicitor general of India in 1999. Earlier, Sushma Swaraj said that India would leave no stone unturned to save him. 

The International Court of Justice (ICJ) order staying the execution of Indian national Kulbhushan Jadhav in Pakistan and asserted that the government will "leave no stone unturned" to save him.

She also thanked senior lawyer Harish Salve who India's attorney at the Hague and argued the case before the global court. In a series of tweets, she said, "The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and people of India." Swaraj said, "We are grateful to Harish Salve for presenting India's case so effectively before ICJ. I assure the nation that under the leadership of Prime Minister Modi we will leave no stone unturned to save (him)." She also complimented the team of officers from her ministry for their tireless efforts and hard work put up in the matter.

The ICJ at the Hague stayed the execution of 46-year-old Indian Navy officer Jadhav, who has been sentenced to death by a Pakistan military court on charges of espionage and subversive activities.

In a major boost to India, which has moved the UN's highest judicial body in the case, the ICJ instructed Pakistan to take all "necessary measures at its disposal" to ensure that Jadhav is not executed pending a final decision by it.

With inputs from agencies