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India made a "serious mistake' by going to ICJ, says former Judge

MM_Haider

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India made a "serious mistake' by going to ICJ, says former Judge
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KARACHI: While people are gloating over India's victory before the International Court of Justice regarding Indian spy Kulbhushan Jadhav, at least one man in India is there to say something very different.

In a post on social media, the former Supreme Court judge and former Chairman Press Council of India Justice Markandey Katju said India has made serious mistake by going to ICJ, it would give Pakistan an opportunity to approach ICJ for deciding Kashmir dispute.

Justice Katju further said that it appears Pakistan’s minimal objection towards ICJ’s jurisdiction is because India has given it a chance to open up several other issues in front of the international court.

“We have played into Pakistan’s hands, and given it a handle to open up many other issues. In fact that is why it seems that Pakistan did not seriously object to the jurisdiction of ICJ,” he said.

He added that India can no longer object to ICJ’s jurisdiction, in case Pakistan approached the international court over Kashmir.

“Now it is certain that Pakistan will approach the ICJ for deciding the Kashmir dispute, and it will then hardly lie in our mouth to object to the jurisdiction of ICJ, since we cannot blow hot and cold together,” he said.

“Pakistan must be very happy that we went to the ICJ over a single individual’s fate, as now they can raise all kinds of issues, particularly Kashmir, in international fora, to which we had always objected till now. By going to the ICJ we may have opened up a Pandora’s box,” he concluded.
 
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Markandey Katju :omghaha::omghaha::omghaha::omghaha::omghaha::omghaha:

You know he is the one who said, India-Pakistan-Bangladesh should join to become Akhand Bharat.

Goes on to claim 90% of Indians are stupid and 99.9 Pakistanis are stupid too.

Calls Gandhi and Jinnah British agents.
 
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Lol desperation shows if you quote markandey katju.

He is a Kashmiri who says Pakistan is created on bogus theory. Do you still want to believe him.
 
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Lol desperation shows if you quote markandey katju.

He is a Kashmiri who says Pakistan is created on bogus theory. Do you still want to believe him.


Everyone is entitled to his own opinion. But what a retired supreme court judge has to say on a matter related to law definitely carries some weight. No ?
 
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India made a "serious mistake' by going to ICJ, says former Judge
l_205586_014222_updates.jpg


KARACHI: While people are gloating over India's victory before the International Court of Justice regarding Indian spy Kulbhushan Jadhav, at least one man in India is there to say something very different.

In a post on social media, the former Supreme Court judge and former Chairman Press Council of India Justice Markandey Katju said India has made serious mistake by going to ICJ, it would give Pakistan an opportunity to approach ICJ for deciding Kashmir dispute.

Justice Katju further said that it appears Pakistan’s minimal objection towards ICJ’s jurisdiction is because India has given it a chance to open up several other issues in front of the international court.

“We have played into Pakistan’s hands, and given it a handle to open up many other issues. In fact that is why it seems that Pakistan did not seriously object to the jurisdiction of ICJ,” he said.

He added that India can no longer object to ICJ’s jurisdiction, in case Pakistan approached the international court over Kashmir.

“Now it is certain that Pakistan will approach the ICJ for deciding the Kashmir dispute, and it will then hardly lie in our mouth to object to the jurisdiction of ICJ, since we cannot blow hot and cold together,” he said.

“Pakistan must be very happy that we went to the ICJ over a single individual’s fate, as now they can raise all kinds of issues, particularly Kashmir, in international fora, to which we had always objected till now. By going to the ICJ we may have opened up a Pandora’s box,” he concluded.

This was the NDA Govt & Congress POV with regard to Lt Saurabh Kalia's case.

This is also what made Pak complacent on KJ's case.

No fear - Give me the man & I will give you the rule- The old Sarkari dictum

The bottom line is the The resolution was passed under the Chapter VI of the United Nations Charter (which is devoted to "peaceful settlement of disputes"). It did not consist of directives to the parties, but rather "recommendations". Former UN diplomat Josef Korbel states that this bound the parties only "morally" but not "juridicially".

So whats the fuss ?

A small recap :

On 13 August 1948, after discussions with both the governments, the Commission unanimously adopted a three-part resolution, amending and amplifying the UN Resolution 47.

  • Part I dealt with ceasefire, calling for a complete cessation of hostilities.
  • Part II dealt with a truce agreement. It asked for a complete withdrawal of Pakistan's fighting forces, including the army, tribes and other Pakistani nationals, and stated that the evacuated territory would be administered by local authorities under the surveillance of the Commission. Following the Pakistani withdrawal, India was expected to withdraw the "bulk of its forces" reducing them to the minimum level required for maintaining law and order.
  • Part III stated that, after the acceptance of the truce agreement, the two countries would enter into consultation with the Commission for settling the future of the state in accordance with the will of the people
 
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Kill the messenger if you like but he certainly has a point. No Indian seems to counter it. The ball is now in Pakistan's court and Kashmir is the the next match.
 
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Why Pakistan waited till now? Is Kashmir issue less relevant than Atlantique?

You are too optimistic when it comes to your day dreams.

Every time Pakistan had filed a case against India in the ICJ(at least on three different occasions), India had contested ICJ's jurisdiction.

As for the Kashmir dispute, USSR had repeatedly vetoed any resolutions/proceedings in the UN Security Council in late 1950s and early 60s effectively "crippling" the UN. The UN Security Council is the only body that can "enforce" ICJ decisions. So, It was pointless. But now circumstances have changed and Russia has categorically stated in 2014 that it supported the UN documents on Kashmir. Things may take a different course this time around. As the Indian Judge said, a Pandora's Box has been opened.
 
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