ICJ rejects India’s plea for acquittal, repatriation of Kulbhushan - Updates, News & Discussion

[Areesh]

Translation
“I didn’t get punched in the face, I broke his/her hand with my face”

Lol

Well said. Perfectly defines india's situation since 26 February 2019 till today

 

[kris]

Why wait? You claimed that ICJ required Pakistan to try Jadhav under civil law.. not military law.. why now wait? Prove me your statement is correct..

Are you trying to give an official statement regarding the course of trial in your country on behalf of your government or just giving out your opinion regarding this issue...
Let's be practical and don't beat around the bush...

We all will get clarity regarding this issue shortly.....

Going by the current worst and pathetic series of events going on internally and externally I don't think pakistan will risk another diplomatic embarrassment and so go for an open trial giving proper counselor access duly to the Indian citizen..

Feel ree to differ but with logic

 

[Rusty]

Here is a question, why does India insist that all Pakistan-India issues be dealt with bilaterally without outside interference...... then India goes off and runs to daddy ICJ?

India has so much poo poo in the brain that they can't even be consistent.

This issue a bilateral issue and no 3rd party should interfere, as per India herself states on many occasions.

 

[Mujahid Memon]

what is the legal process of informing opponent about hey your Serving Top commander work for your intelligence caught red handedly? or hey please take your spy he is doing terrorism in our country..

TV p puri duniya k saamne bata diya...... Aur kis tarah inform karte...... Nanga kr k chowk p latkana baqi reh gya tha

@Peshwa

 

[The Eagle]

Tomorrow if you get arrested for alleged “spying” in a foreign country, would you want that country to inform the Pak embassy or not? Or are you ok with whatever that country decides to do with you without telling you your rights and following international law?

Try to put yourself in the position and think. For you he is a spy, and he very well maybe, but innocent until proven guilty right? Or is it fine for any country to charge for terrorism just because you’re a Pakistani?
I understand we are enemy nations, but I’m sure you can think logically right?

First of all, his handling officer (you will be surprised to know that Ajit Doval) was directly informed that your "Monkey" (code name for KJ as he told to convey) is with us.

Secondly, quote a single spy trial under the same circumstances, findings, facts & evidence like KJ, being proceeded the way you are trying to imply.

 

[Peshwa]

Thats your perspective. No one buys!



As far as I know, Pakistan informed Indian Govt about Kulbushan Arrest. His confession video release after awhile.

My friend, again, please read the damn ICJ verdict in full.
This is one of the points that stood out ie. Pakistan failed to inform India “without delay” that lead to the granting of consular access.
That is the legal procedure. Pakistan failed to follow it.

 

[kris]

 

[Imran Khan]

killing kalbhoshan is not pakistani goal we can kill him anytime
keeping in jail kalbhoshan is not Pakistani goal as ISI can keep him 40 years without anyone know it
our goal is to escalate this issue keep it alive as much as possible and giving it media trail for long time

 

[Syed1.]

My friend, again, please read the damn ICJ verdict in full.
This is one of the points that stood out ie. Pakistan failed to inform India “without delay” that lead to the granting of consular access.
That is the legal procedure. Pakistan failed to follow it.

Ok he gets consular access now what? The consulars will be made to wait 6/7 hours and then allowed to meet for 10 mins


In the end Kulbhusan remains locked up till his last day or gets hanged. It's Pak's decision to make. Even ICJ said it is Pakistan to decide what to do. You can cry all you want Hindutva scum.

 

[AsifIjaz]

Why counselor access has not been provided in the first place?

because India did not accept he was kulbushan yadev till long, secondly India always complained he was abducted (which was not claim or brought forward to be contested by India in ICJ), thirdly Pakistan always said he was on espionage mission and in heinous terrorist activities requiring swift trial in military courts... since indian media and government was busy claiming he was not kulbushan, that he was an embassy staff in iran and that he was abducted from iran and not involved in terrorist activities hence the impasss.... long story short we f**ked up here and needed to be more far sighted. now the trial has to start all over again with probably the same result but with more drama.

 

[maithil]

You always have ' It never happened '

Yes. The great revisionist way. No wonder the biggest crisis always is perception management, instead of problem solving.

 

[kris]

Yes. The great revisionist way. No wonder the biggest crisis always is perception management, instead of problem solving.

But it still works for them you know

 

[Mujahid Memon]

Share the part where the ICJ was putting KJ on trial for being a spy or involved in terrorism first.
At no point did the ICJ take evidence to determine the validity of the case against KJ, nor did India.
But the ruling of the ICJ confirmed that the trial and as a result the conviction and death penalty were not in accordance with jurisprudence and that KJs rights as an individual were denied to him. Aka the trial was a sham.
Now Pakistan has to prove in a fair and open trial with legal representation paid by India that he was indeed a spy and present evidence against him.

Learn what the case is about first.

You can bring any evidence or you can import top lawyers from Japan, US, EU. But judges will remain Pakistani

 

[Chhatrapati]

Congrats to Harish Salve. An exemplary advocate, thanks for taking this case pro bono.

 

[Areesh]

You mean pakistani judge voted against his own nation

Off topic: Thank you china

OMG

Supa puwa India was also supported by china

Now commander jadav would come back to bharat mata on next flight to the Delhi

Jai modi jee ki. BMKJ.


Oh wait......

 

[usman012]

simply

India unlikely to get what it wants from ICJ in Jadhav case

Listen

LONDON: The Indian government is unlikely to get relief from the International Court of Justice (ICJ) on its three main demands -- at least acquittal, release and return of the captured spy Commander Kulbhashan Jadhav, international law experts familiar with the case told The News.

On Wednesday, July 17, 2019 at 3:00pm The Hague time, the ICJ will, at a public rehearing, read out and hand down its judgement in the case which has captured attention of millions of people. The case of Jadhav has been a major point of contention between Pakistan and India after Pakistani security forces captured Jadhav while he was carrying out his secret mission of sabotage and terror inside Pakistan.

A careful look at the case skeleton of Pakistan and India shows that India has demanded that the ICJ ‘at least’ order the acquittal, release and return to India of Jadhav.

In its written and oral arguments presented by English Barrister Khawar Qureshi QC, Pakistan contented that the ICJ should grant no relief to the Indian and in in the alternative, also pointed the availability of effective review by the Pakistani high courts or the military courts of Pakistan as provided by Article 199 of the Constitution of Pakistan, coupled with access to a lawyer in accordance with Article 10 of the Constitution.

A legal expert, who has represented cases at the ICJ, said on condition of anonymity that Barrister Qureshi QC had correctly told the ICJ that at no stage since this convention on April 10, 2017 has Commander Jadhav or any member of his family or any other party sought to invoke the review jurisdiction of the Pakistani high court, nor have they ever made any request for consular access for this purpose.

The Jadhav case was brought by India against Pakistan under the Vienna Convention on Consular Relations 1963 (article 36(1)(b). India alleged that Pakistan has committed a breach of the VCCR 1963 by failing to grant immediate consular access in respect of Jadhav on March 25, 2016 alleging that the military court procedure for espionage on April 10, 2017 was flagrantly unfair.

On May 18, 2017, the ICJ ordered provisional measure to preserve the status quo without any finding on the merits. Following the filing of written pleadings and evidence on the merits of the case by both Pakistan and India, a hearing was held before the ICJ from February 18-21, 2019. Pakistan’s legal submissions were presented by English Barrister Khawar Qureshi QC while India’s legal submissions were presented by Indian counsel Harish Slave SA.

India claimed that Jadhav is an innocent businessman who was kidnapped from Iran, brought to Pakistan, and tortured to confess that he was a commander in Indian navy working with Indian Research and Analysis Wing (RAW) -- India’s main intelligence agency. India claimed that it was entitled to obtain consul access to Jadhav as soon as detention was made public by Pakistan on March 25, 2016. India claimed that the trial and conviction of Jadhav for espionage and terrorism offences by a military court on April 10, 2017 was a farce. India contented that the denial of consular access requires the ICJ to at least order the acquittal, release and return to India of Jadhav.

Pakistan rejected all of Indian assertions. The international law expert told The News that Pakistan forcefully pointed to evidence obtained from Jadhav after his arrest and during the criminal process leading to his conviction as amply demonstrating his activities in fomenting terrorism and engaging in espionage within Pakistan. The expert said that Pakistan maintained it would be compatible with international law for someone sent as a spy/terrorist by a state to be afforded less to officials of that state, as India asserted.

Pakistan also pointed to an express agreement on consular access dated May 21, 2008 between Pakistan and India which allows each state to consider a request of consular access on its merits in a case involving national security. The law expert said that India had no answer – and didn’t contradict - to Pakistan’s case that Jadhav was provided with an authentic Indian passport in a cover Muslims name of Hussein Mubarak Patel by the Indian authorities -- a clear and obvious link between his conduct and the government of India. The expert said that such a conduct is a blatant violation of international law should bar any claim for relief from a court.

During the ICJ proceedings, India refused to reply on this issue and unconvincingly described it as mischievous propaganda. The passport had been examined by a former UK chief immigration officer who had trained the Indian authorities. The passport has been used at least 17 times to enter and exit India.

In addition, Pakistan pointed out that in all of the ICJs previous decisions concerning Article 36 of the Vienna Convention on Consular Relations 1963 the court made it clear that it was not a sort of criminal appeal and the presence of effective review and reconsideration by domestic courts was an appropriate remedy, even if a breach of the right to consular access had been established, the high court and SC of Pakistan provide such review as confirmed by leading UK-based law experts.
https://www.thenews.com.pk/print/498932-india-unlikely-to-get-what-it-wants-from-icj-in-jadhav-case

hang him immediately.