India requested ICJ for stay against Kulbhushan's sentence in Pakistan

[Jackdaws]

Shouldn't Pakistan be happy that the matter has gone to ICJ? This would be a golden opportunity for them to expose nefarious Indian designs before the International Community including India meddling in Pakistan's internal affairs. Or if it is scared that it will be exposed as a country with no judicial process or accountability, then it will not come to the ICJ.

 

[neem456]

Don't worry we are also not in a hurry to hang him

Comon, i remember those multiple threads few weeks ago where everyone was in so much of hurry to hang him.

Good that you took uturn now.

What a folly by India.

The guy is in prison and his life is hell already.
On top of this, he is waiting to be executed - which is even more hell.

India is getting opened up that she is trying to protect a terrorist. Frantic.

All the above is working in favour of Pakistan. All we have to do is to sit quietly and watch.

Exactly, that is what we want too, just sit quietly and watch, how yadav comes back to india.

 

[Sankpal]

now truth will come, fake Pakistani story will be ended.

 

[H!TchHiker]

So you accept there is no court order for now???

So stop your stupid celebrations till you actually get some order. And also ask Aunty Sushma and your government not to lie to old mother of Kalbhushan that ICJ has given some sort of order

https://twitter.com/x/status/862013393452105733

And I didn't run to mods. I just asked them to change the thread title since current title is against facts.

Leave them filing a case in court they don't recognize ..amazing ...yesterday they said order now saying in due course ...This Bollywood drama will continue

 

[Safriz]

Fuk ICJ. Just hang the idiot.
Isnt it the same ICJ who wont even take Pakistani case of Indus water treaty? So why should we listen to " International court of Injustice".

 

[Tom M]

ICJ siding with a terrorist will set a bad precedent.

ICJ wouldn't side with anyone if Pakistan had conducted an open court trail and shared a certified copies of the trail, charges and the punishment pronounced with India. The Geneva convention also ask all respective states to guarantee that. Ironically Pakistan failed to do both.

Fuk ICJ. Just hang the idiot.
Isnt it the same ICJ who wont even take Pakistani case of Indus water treaty?

ICA (International Court of Arbitration) this is ICJ (International Court of Justice) both are different friend. I guess you are knocking the wrong door in that case.

Moreover your case should have some merit to be admissible by even a local court. LOL

So why should we listen to " International court of Injustice".

Because you are also a signatory for the constitution of the court, you have obligation.

 

[Into the Fire]

Waste of time as Pakistan will never hang Yadav as that will get bibi Zahir dead in seconds.

 

[Qutb-ud-din Aybak]

Reports coming in

International Court of Justice stays Indian national Kulbhushan Jadhav's execution in Pakistan

your government is making fool out of you.
according to bilateral agreement between two countries spy's can't be given consular access.

secondly ICJ had just requested Pakistan and don't have placed any legal bounding on Pakistan.

3rd Simla agreement will help us hang kalboshan.
India is loosing.

They are free to disobey the ICJ, but then don't go crying to ICJ in the future.

Simla agreement and bilateral agreement between two countries not allowing access of counsular to spies are what we follow.

now truth will come, fake Pakistani story will be ended.

don't beso much happy .we will send them copy of our bilateral agreement and his confessional statements and recordings of court proceedings exposing indiaand kalbosan.

 

[Panther 57]

The key principle is that the Court only has jurisdiction on the basis of consent. The court has no true compulsory jurisdiction. Jurisdiction is often a key question for the Court, because it is challenged by the respondent. At the Preliminary Objections phase, a respondent may challenge (i) jurisdiction and/or (ii) admissibility of the case. Article 36 outlines four bases on which the Court's jurisdiction may be founded.

Only states may be parties in contentious cases before the ICJ. Individuals, corporations, parts of a federal state, NGOs, UN organs and self-determination groups are excluded from direct participation in cases, although the Court may receive information from public international organisations. This does not preclude non-state interests from being the subject of proceedings if one state brings the case against another. For example, a state may, in case of "diplomatic protection", bring a case on behalf of one of its nationals or corporations.

 

[Qutb-ud-din Aybak]

Mosharraf Zaidi exposes lies of Indian government and media

https://twitter.com/x/status/862017477382897664

https://twitter.com/x/status/862018980374097921

https://twitter.com/x/status/862021451163070464

https://twitter.com/x/status/862021938767593472

With such tactics they are telling us the importance of Kabhushan for them. Hence they are forcing us to hang him.


Funny chai wala government.

few Indians have also exposed them.

Lol, says the person who went running to the Mods when unable to argue on facts!

http://www.icj-cij.org/docket/files/168/19420.pdf

here are the facts once again...

India further indicates that the protection of its rights is a matter of urgency as “[w]ithout the
provisional measures requested, Pakistan will execute Mr. Kulbhushan Sudhir Jadhav before th[e]
Court can consider the merits of India’s claims and India will forever be deprived of the
opportunity to vindicate its rights”. The Applicant adds that it is possible that the appeal filed by
the mother of the accused on his behalf may soon be disposed of.

India, therefore, requests that, “pending final judgment, in this case, the Court indicate:

(a) [t]hat the Government of the Islamic Republic of Pakistan take all measures necessary to ensure
that Mr. Kulbhushan Sudhir Jadhav is not executed;

(b) [t]hat the Government of the Islamic Republic of Pakistan report to the Court the action it has
taken in pursuance of sub-paragraph (a); and

(c) [t]hat the Government of the Islamic Republic of Pakistan ensure that no action is taken that
might prejudice the rights of the Republic of India or Mr. Kulbhushan Sudhir Jadhav with
respect of any decision th[e] Court may render on the merits of the case”.

Referring to “the extreme gravity and immediacy of the threat that authorities in Pakistan
will execute an Indian citizen in violation of obligations Pakistan owes to India”, India urges the
Court to deliver an Order indicating provisional measures immediately, “without waiting for an
oral hearing”. The Applicant further requests that the President of the Court, “exercising his power
under Article 74, paragraph 4[,] of the rules of the Court, pending the meeting of the Court . . .
direct the Parties to act in such a way as will enable any Order the Court may make on the Request
for provisional measures to have its appropriate effects”.

This has been accepted by the court and in due time the order will come once our stand is vindicated, so good luck with the doctored evidence you guys are preparing. Let's see if it stands in the international court!

our answer is quite simple.
indo pak bilateral agreement allow consular access to everyone except spies. simple is that. you will lose.

 

[Panther 57]

13 September 1960

I have the honour, by direction of the President of Pakistan, to make the following declaration on behalf of the Government of Pakistan under Article 36, paragraph 2, of the Statute of the International Court of Justice:

The Government of Pakistan recognize as compulsory ipso facto and without special agreement in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in all legal disputes after the 24th June, 1948, arising, concerning:

a) The interpretation of a treaty;
b) Any question of International law;
c) The existence of any fact which, if established, would constitute a breach of an international obligation;
d) The nature or extent of the reparation to be made for the breach of an international obligation;

Provided, that the declaration shall not apply to:

a) Disputes the solution of which the parties shall entrust to other tribunals by virtue of agreements already in existence or which may be concluded in the future; or
b) Disputes relating to questions which by international law fall exclusively within the domestic jurisdiction of Pakistan;
c) Disputes arising under a multilateral treaty unless

i) all parties to the treaty affected by the decision are also parties to the case before the Court, or
ii) the Government of Pakistan specially agree to jurisdiction; and provided further, that this Declaration shall remain in force till such time as notice may be given to terminate it.

New York, 12 September 1960.

(Signed) Said HASAN,
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of Pakistan to the
United Nations.http://www.icj-cij.org/jurisdiction/index.php?p1=5&p2=1&p3=3&code=PK

 

[MastanKhan]

Pakistanis,

Please do not use vulgar comments against Kalbhoshan Yadev---please do nt use " monkey " comments agianst him.

 

[NirmalKrish]

your government is making fool out of you.
according to bilateral agreement between two countries spy's can't be given consular access.

secondly ICJ had just requested Pakistan and don't have placed any legal bounding on Pakistan.

3rd Simla agreement will help us hang kalboshan.
India is loosing.


Simla agreement and bilateral agreement between two countries not allowing access of counsular to spies are what we follow.


don't beso much happy .we will send them copy of our bilateral agreement and his confessional statements and recordings of court proceedings exposing indiaand kalbosan.

Read it again and stop twisting the facts of it out of context

https://en.wikipedia.org/wiki/Simla_Agreement

ps off topic, Back to KY, he will get his freedom quiet shortly...

 

[Tom M]

your government is making fool out of you.
according to bilateral agreement between two countries spy's can't be given consular access.

secondly ICJ had just requested Pakistan and don't have placed any legal bounding on Pakistan.

3rd Simla agreement will help us hang kalboshan.
India is loosing.


Simla agreement and bilateral agreement between two countries not allowing access of counsular to spies are what we follow.


don't beso much happy .we will send them copy of our bilateral agreement and his confessional statements and recordings of court proceedings exposing indiaand kalbosan.

Agreed, for that you have to establish in your court of law that he was/is a spy, just because you say so doesn't make him one or doing a closed court trail will neither establish that. The fact that his trial was not done in an open court (the Geneva convention calls for the same; https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule107) and no details or certified copies of his trial, charges and punishment is not shared with his relatives, let alone India even after multiple requests says a lot.

FYI, An excerpt from Rule 107 if you don't know:

Right to fair trial

A spy taken in the act may not be punished without previous trial. This requirement was already recognized in the Brussels Declaration and the Hague Regulations.[10] It is also set forth in a number of military manuals.[11] Captured spies are entitled to the fundamental guarantees set out in Chapter 32, including the right to a fair trial (see Rule 100). This is emphasized in the military manuals of Canada, Germany, New Zealand and Nigeria.[12] It is also laid down in Additional Protocol I, which states that anyone who is not entitled to prisoner-of-war status, and does not benefit from more favourable treatment in accordance with the Fourth Geneva Convention, still enjoys the fundamental guarantees of Article 75 contained in Additional Protocol I.[13] Consequently, the summary execution of spies is prohibited.

And a fair trail means an open court trail not something done with zero transparency. LOL

Now regarding his confession, according to natural justice a person cannot be held as a witness against himself and his confession statements cannot be used as evidence against him. It's same everywhere in the world, not sure about Pakistan though.

If Pakistan really have enough evidence its the golden opportunity to shame India internationally, now India has given you the bait, just grab it and shame India for ever.

 

[Sheikh Rauf]

Thats great news i think India needs to take issues to international court instead of media. Crying on media is not worth it i think india is realizing specially after bombay attack they come to media instead going to international court. maybe cuz the main reason is india have been faking everything and when you fake things up you dont want to involve no body. but its good they standing up it will be hard to face the truth first time but this is the ony way.