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

Icj didn't intervene with the judicial process of Pakistan that's it. Vienna convention didn't have the jurisdiction...
But for benefit of others I will upload the full judgement
For you pls see and tell me what u understood by seeing this imageView attachment 569869
"Effective" review and reconsideration of conviction and sentence....

1) Icj clearly accepted that pakistan violated international Norms.
2) Asking to review itself is a shameful thing. Pakistan judiciary is seen as a biased system now.
3) it (ICJ) never says that pakistan review judgement is final and what makes you think India won't again go to icj if a favorable judgement doesn't come??
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Yet, very funny isnt it. Yet they left it to Pakistan and Pakistan Judiciary to review and reconsider.

The review and reconsideration is only one one fact: Whether failure to provide consular access have led to miscarriage of Justice. That is the core of this review.

The matter goes back to Military court where the judge will see whether there was representation for Mr Yadav and re-affirm the sentence. Or It might be given to LHC or IHC or SCP to do the same.

That is the start and end of it.

Indian wanted sentence annulled and for him to be release. This did not happen nor could it have happened.
 
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Icj didn't intervene with the judicial process of Pakistan that's it. Vienna convention didn't have the jurisdiction...
But for benefit of others I will upload the full judgement
For you pls see and tell me what u understood by seeing this imageView attachment 569869
"Effective" review and reconsideration of conviction and sentence....

1) Icj clearly accepted that pakistan violated international Norms.
2) Asking to review itself is a shameful thing. Pakistan judiciary is seen as a biased system now.
3) it (ICJ) never says that pakistan review judgement is final and what makes you think India won't again go to icj if a favorable judgement doesn't come??
please by all means you can go to ICJ time and again till you get the judgement that is favorable to you. but just ot let you guys know, court process in Pakistan is awfully slow....
if Vienna convention didn't have the jurisdiction as noted by ICJ, then why was it your Prayer to annul the military court sentence?

Pakistan judiciary is not biased but it is asked to review and reconsider that how the judgement will be effected once Vienna convention is applied.....two cook things up please....

if our system was seen biased then why was it asked to review and reconsider the sentence under it's own laws as we see fit....


Bhai.
Law isn't that way.
They observed that he had 2 passports. Every person with 2 passports is not a spy. He can be anything.
And it's india's jurisdiction to prosecute him for having two Indian passports. How do you know that India issued him to passports?? It could even be got through fraudulent means..
having two passports is not the issue infact UK govt issues two passports to it's citizens, the issue is a person being issued two passports with two different identities ......
good luck proving everything in the court of law that your Boy was not a spy....
 
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It's not about bringing jadhav home tomorrow..
It's about bringing your military courts judgement to civil your courts....

Now military courts judgement have to be reviewed in civil courts with public hearing which was denied earlier.....

Icj judgement is a slap on Pakistan judicial system

Kris civil court hearing can continue for next 10 years.they can drag this case as long as they want.it basically is an opportunity for pakistan.what is indian objective right now? They want him back at home.
 
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Icj didn't intervene with the judicial process of Pakistan that's it. Vienna convention didn't have the jurisdiction...
But for benefit of others I will upload the full judgement
For you pls see and tell me what u understood by seeing this imageView attachment 569869
"Effective" review and reconsideration of conviction and sentence....

1) Icj clearly accepted that pakistan violated international Norms.
2) Asking to review itself is a shameful thing. Pakistan judiciary is seen as a biased system now.
3) it (ICJ) never says that pakistan review judgement is final and what makes you think India won't again go to icj if a favorable judgement doesn't come??


Bhai.
Law isn't that way.
They observed that he had 2 passports. Every person with 2 passports is not a spy. He can be anything.
And it's india's jurisdiction to prosecute him for having two Indian passports. How do you know that India issued him to passports?? It could even be got through fraudulent means..
kakay! they have now interpreted the law that way.......now it will remain valid for everybody to follow that law this way.

Abb iss ICJ ki judgement k baad law define ho gya ha Vienna Convention ka, abb, Spies, Terrorists, Non State Actors, Aliens etc etc har kisi ko counsellor access deni parry gy harr mulk ko from now on.
 
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Abb iss ICJ ki judgement k baad law define ho gya ha Vienna Convention ka, abb, Spies, Terrorists, Non State Actors, Aliens etc etc har kisi ko counsellor access deni parry gy harr mulk ko from now on.
Yes, if any country owns such.
If u remember recent past, UK has disowned their jihadi citizens returning/ arrested abroad

Kris civil court hearing can continue for next 10 years.they can drag this case as long as they want.it basically is an opportunity for pakistan.what is indian objective right now? They want him back at home.
Wrong
Back here no one is really worried if he comes or not. It's not even a political issue.
No votes will be gained on this one
This is to make a mockery of Pakistan judiciary which is now open.
What ever the review is, it's going to be Pita to you people
 
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Yes, if any country owns such.

No votes will be gained on this one
This is to make a mockery of Pakistan judiciary which is now open.
What ever the review is, it's going to be Pita to you people

Lol... Really how ??? do enlighten us? at end of the day ICJ has left the matter to Pakistan judiciary and there was no question raised of this issue. In fact Indian wanted him released on this basis yet got slapped.

Only thing ICJ has said that the by failure to grant him consular access his human rights have been violated in accordance with the convention.
 
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Lol... Really how ??? do enlighten us? at end of the day ICJ has left the matter to Pakistan judiciary and there was no question raised of this issue. In fact Indian wanted him released on this basis yet got slapped.

Only thing ICJ has said that the by failure to grant him consular access his human rights have been violated in accordance with the convention.

So typical....

The moment ICJ said your military courts didn't give him his due rights that itself is a mockery of your system on international stage..

What kind of court will one be which concludes a trial without giving the accused a defense
 
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So typical....

The moment ICJ said your military courts didn't give him his due rights that itself is a mockery of your system on international stage..

What kind of court will one be which concludes a trial without giving the accused a defense

Say what ever you like. What the whole judgement says is that:

1. Pakistan violated Geneva convention by failing to allows consular access.

2. by continuing to failure to allow consular access Pakistan has violated his human rights and this violation is on going until Pakistan provides him with such access.

3. Pakistan should review and reconsider the verdict in light of Pakistan's failure to provide consular access.

This access is within the domain of Foreign Ministry and not the courts. Thus I am note sure how you can equate this to mockery of Pakistani court system.

It would have been mockery where if the court has said that he will never receive fair trail and the court verdict would be bias. However, ICJ has handed back the matter to the same courts thus meaning it has confident in the Judiciary as independent arm can provide justice in accordance with the law.

The review can be done at Pakistan's own choosing.

You can continue thumping your 56" chest but reality of life for your guys is.

1. He remains in our jails

2. He will continue to remain in our jails;
 
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Say what ever you like. What the whole judgement says is that:

1. Pakistan violated Geneva convention by failing to allows consular access.

2. by continuing to failure to allow consular access Pakistan has violated his human rights and this violation is on going until Pakistan provides him with such access.

3. Pakistan should review and reconsider the verdict in light of Pakistan's failure to provide consular access.

This access is within the domain of Foreign Ministry and not the courts. Thus I am note sure how you can equate this to mockery of Pakistani court system.

It would have been mockery where if the court has said that he will never receive fair trail and the court verdict would be bias. However, ICJ has handed back the matter to the same courts thus meaning it has confident in the Judiciary as independent arm can provide justice in accordance with the law.

The review can be done at Pakistan's own choosing.

You can continue thumping your 56" chest but reality of life for your guys is.

1. He remains in our jails

2. He will continue to remain in our jails;
You can continue to call as if " nothing happened "
But ICJ pointing out the failures on the part of your judiciary is an insult in the whole system if you can take it....

Handing over the same to Pakistan judiciary because it doesn't have any more jurisdiction over that. You are talking as if they have options
 
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You can continue to call as if " nothing happened "
But ICJ pointing out the failures on the part of your judiciary is an insult in the whole system if you can take it....

Handing over the same to Pakistan judiciary because it doesn't have any more jurisdiction over that. You are talking as if they have options
Whatever floats your boat.
 
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Nobody seriously thought the ICJ could get Pakistan to release KBJ. The Court simply does not have the jurisdiction, and there is no precedent for anything like that either. Which is why the case was mainly over Pakistan refusing to grant India counsel. And the Court ruled in favor of India in that regard, meaning this is a victory for India. At the end of the, day, this statement from the ICJ itself says it all:

Although tbh, this should not be a big victory for India. The only reason it is a victory is because Pakistan chose to violate international law and deny India counsel in the first place. As a result, Pakistan had to go through the humiliation of losing yet another international court case after its losses at the world Bank.

What international media sources are saying about the case is also telling.
https://www.cnn.com/2019/07/18/asia/pakistan-icj-death-sentence-intl-hnk/index.html
https://www.journalnow.com/news/nat...cle_64bf8ddb-d923-5c02-9699-6a86ed1c1cf0.html

Pakistan claiming victory because the ICJ denied India's request to have KBJ returned to India is like claiming victory for defending Lahore when the goal was to take Kashmir. Oh wait, Pakistan already did that.
 
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  • Indian prayer No. 1 = Rejected which is acknowledgment to the Justice System of Pakistan & our Military Courts.
  • Indian prayer No. 2 = Rejected as sentence is not set-aside.
  • Indian prayer No. 3 = Rejected & he will remain with Pakistan.
  • Indian prayer No. 4 = Rejected as Military Court decision is upheld by ICJ,
  • Indian prayer No. 5 = partly approved as consular access be provided but for review & reconsider, ICJ mentioned that Pakistan can do so by way of own choosing.

The judgement is at https://www.icj-cij.org/files/case-related/168/168-20190717-JUD-01-00-EN.pdf

Can you tell me on which page it is rejected.
 
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