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

[surya kiran]

Yes dear so why fake credentials ??? would ICJ be all smiling over this or question?

There is a very simple explanation possible. Smaller businessmen who travel to Iran also will travel to Israel and the US. I can tell you from personal experience, if you have traveled to Israel or SA and are doing business in Lebanon better have friends in really high places before entering Lebanon. For an MNC things can work out. For smaller businessmen it can be the death of them.

Of course, I am simply trying to explain a plausible reason.

 

[Jackdaws]

Please read the post bellow by your own Indian member.
and also let us forget about any plantation for a moment. The question remains why fake identity ??


Means Iranian Government is also involved and a party to this case. So ICJ has to listen to Iran too and question her as well.



That is a plus point. In this case also ICJ has no jurisdiction.

Whether ICJ has jurisdiction or not is also decided by the ICJ. And this bench is completely different from the one in 2000. Let's see how it goes.

 

[surya kiran]

That is a plus point. In this case also ICJ has no jurisdiction.

After our previous conversation, it depends under what the jurisdiction is brought. If its the Vienna Convention for Consular Access, I am being told jurisdiction is present. The Atlantique was supposedly not under this.

 

[simple Brain]

I don't know from where you planted all this stuff, I never read this in news.

What's the secrecy about GPS data. Give the device to GARMIN and decrypt old routes taken by device. Also do trace from where device was purchased, like how India traced dinghy engine from Japan to karachi.

This begs one more question that if you caught KY electronically and without him knowing and all his associates are dead or captured, why Pakistan still deny consular access if all information from him is extracted and he is reduced of no value.

Man you have a solid case, why are you sitting on it. You should definitely pursue this case in ICJ and declare India as terrorist sponsored state.

The value of Military used GPS devices is determined when their is no outer contact, don't have much time to explain it to ya since you have mentioned GARMIN, and that's enough for me to realize that you need to differentiate between Military usage GPS systems and a civilian ones.

Why now of a sudden your Government is interested in him, for months your Government was denying any kinda a links associated to him. Now what exactly has happened that he has become so dear to you guys, that you have started calling him 'THE SON OF THE NATION' and this question alone is I reckon more than enough to stop Consular access to him.

We have a solid case therefor our Military courts have executed an order of his execution. As far as ICJ is concerned, we do not need to take this matter to ICJ because we know how much they would care about this matter, if you ask about my opinion.

Or our Government probably who knows might take this matter to ICJ, but that could be done after his execution. So stay tuned.

 

[Spring Onion]

There is a very simple explanation possible. Smaller businessmen who travel to Iran also will travel to Israel and the US. I can tell you from personal experience, if you have traveled to Israel or SA and are doing business in Lebanon better have friends in really high places before entering Lebanon. For an MNC things can work out. For smaller businessmen it can be the death of them.

Of course, I am simply trying to explain a plausible reason.

Kalbhushan did not have any business and any reason to travel to Israel even if had why a MUSLIM FAKE IDENTITY ??? it would be suicidal to travel with that name to Israel

 

[surya kiran]

Kalbhushan did not have any business and any reason to travel to Israel even if had why a MUSLIM FAKE IDENTITY ??? it would be suicidal to travel with that name to Israel

I meant, he would have traveled on his real passport to Israel and the rest, while using this one for Iran and rest. . Anyways, its a plausible explanation. Not saying, it is the explanation.

 

[Spring Onion]

I meant, he would have traveled on his real passport to Israel and the rest, while using this one for Iran and rest. . Anyways, its a plausible explanation. Not saying, it is the explanation.

He spent long years in Iran so unlikely if there was any risk factor because Iran is an Indian friendly country.

 

[surya kiran]

He spent long years in Iran so unlikely if there was any risk factor because Iran is an Indian friendly country.

You will be surprised. If you have an Israeli stamp all bets are off. If you had visited Israel with a visa stamp on paper, instead of on a page in the passport and the Iranians come to know, you have hidden it....you could be from heaven, they would not care less.

Anyways, we are diverting from the discussion. Cheers.

Btw, are you jana from the other forum?

 

[NirmalKrish]

If I was an ISI station Chief I would have certainly provided you proofs, and would have explained you that how have we got them. All I can say to you that he had Baluchistan Regional Maps, some of them even I haven't seen in my life as well. He had latest GPS devices on him, contact details of every Baloch Insurgents Commander. The financier details, how he used to execute his plans with the help of three persons, one from Karachi two from Afghanistan at the time of his capture they were resided in Baluchistan. He even had a dealings with Uzair Baloch, now I do not want to get into further details.
It doesn't bother Pakistan at all what your Government or the International community think. What matters the most is that we have your goat and with his confession we have had some of the greatest leads that we ever had against the terrorists, their financiers, their hideouts, inside Pakistan and outside Pakistan.
And one more thing I would want to tell you, he has given around 200 names of the RAW operatives who either were or are working in Afghanistan.
Why I used the word were, well I don't hope less from you.



ICJ han? Good luck, that's all I want to say!

Contradictory Statements of yours!!



Are you referring to Pakistan's Military Court verdict against him? Or you are referring to his actions that caused the deaths of hundreds of Civilian and Military Personals in Pakistan. If you agree with the second statement than yes it was State Sponsored Premeditated murders executed by him.




Yes you are right, we never said that the entire Indians are in one sense or another resemble the intentions of Kulbhushan. But it was a single act, executed solely by him, and yes commanded and directed from India.




Now I consider this sentence a completely separate one from your one and a half line statement. He will be executed, don't worry, and before it happens, you guys should consider him a hero, after all he has done quite a lot for you guys. Don't get into the debate whether has he given less and exposed more. Because you will only lose your sleeps over it.

Nah we will sleep just fine, matter of fact just came out of a 10 hr long peaceful sleep myself. Point being, as I mentioned in the earlier part of this thread. Good triumphs over evil and god is on our side!

International relations are based on mutual interest not what is right or wrong that is why till now India have been able get away with its atrocities against minorities, Kashmiris and terrorism against most countries in south asia.



World knows who is desperate and frustrated since capture of Indian terrorist, that is why India plotted kidnapping of ex military officer of PA.

His job application has been accepted by RAW now we are waiting on fulfilling a position for him, keep watching this space!

 

[bafxet]

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".

This is what diplomacy is. Despite guilty Indian they will pleading for not guilty. They have outclassed Pakistan.

 

[StraightShooter]

Congress slams govt. for taking Jadhav issue to ICJ
SPECIAL CORRESPONDENT
NEW DELHI , MAY 10, 2017 22:56 IST
UPDATED: MAY 10, 2017 22:56 IST

• 
  

Says it will create an unhealthy precedent as Pakistan might take issues relating to Kashmir
The Congress has criticised the Modi government for internationalising the issue of Kulbhushan Jadhav, the Indian citizen sentenced to death by a Pakistani military court on charges of spying.

Party spokesperson Ajoy Kumar said on Wednesday that this would create an unhealthy precedent as Pakistan might take issues relating to Kashmir, for instance, to the International Court of Justice (ICJ).

Responding to the ICJ staying the death sentence imposed on Jadhav after the Indian government approached it, he said: “Of course, the first step was for the Government of India to bring back Kulbhushan Yadav... But today, the Indian government has taken this matter to the ICJ. What prevents Pakistan from taking some issue relating to Kashmir to the ICJ?”

India had earlier accused Pakistan of violating the Vienna Convention and kidnapping Mr. Jadhav from Iran where he was involved in business activities after retiring from the Indian Navy. But Pakistan claimed it had arrested him from Balochistan on March 3, 2016. Targeting the government, Mr. Kumar said, “Have we now given Pakistan the opportunity to internationalise the issue? This government’s Kashmir policy is only about managing news cycles that are detrimental to the security of our country. You need to have a strategy and you need to settle all issues bilaterally.”

Deteriorating situation

Mr. Kumar also offered the Congress’s condolences to the family of Lt. Umar Fayaz, the young Kashmiri Army officer who was killed by militants. “ ...this incident draws attention to the deteriorating situation in Kashmir. From the time this 56-inch strong government was sworn into power, there have been 1,300 ceasefire violations, 170 terror incidents and innumerable killings.”

“The PM speaks on many issues, but seems unconcerned about security issues. We don’t even have a full time Defence Minister ever since Manohar Parrikar was made Chief Minister of Goa,” he said.

http://www.thehindu.com/news/nation...aking-jadhav-issue-to-icj/article18420812.ece

India moves International Court of Justice against Jadhav's conviction
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India has moved the International Court of Justice (ICJ) against Pakistan, accusing the latter of violating the Vienna Convention in the case of Indian spy Kulbhushan Jadhav, who was handed a death sentence by a Field General Court Martial (FGCM) last month.

In an application filed in the ICJ Monday, India stated that Pakistan has been repeatedly denied consular access to Jadhav, a press release issued by The Hague-based ICJ said.

Examine: Indian journalist raises tough questions about Jadhav

India alleged that "it was not informed of Jadhav’s detention until long after his arrest," and learned about the death sentence through the media.

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CIJ_ICJ @CIJ_ICJ
#ICJ PRESS RELEASES: #India institutes proceedings against Pakistan and requests provisional measures http://bit.ly/2qOPzom

1:33 PM - 9 May 2017

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Maintaining that Jadhav was a retired officer of the Indian Navy, India claimed that he was kidnapped from Iran where he was involved in a business undertaking.

Jadhav was "shown to have been arrested in Baluchistan" on March 3, 2016, India claimed, according to the ICJ handout.

"Indian authorities were notified of that arrest on March 25, 2016," India said.

According to the press release, India requested the ICJ to ensure that Jadhav's death sentence is suspended and declared a violation of the Vienna Convention on Consular Relations.

India also sought to restrain Pakistan from "giving effect to the sentence" and asked the ICJ to direct Pakistan "to take steps to annul the decision of the military court".

"If Pakistan is unable to annul the decision, then this Court [is] to declare the decision illegal" and in violation of international law, India requested.

Indian Foreign Minister Sushma Swaraj said in a tweet Wednesday that "senior advocate Harish Salve" is representing India before ICJ in the Jadhav case.


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Sushma Swaraj

✔@SushmaSwaraj
Mr.Harish Salve, Senior Advocate is representing India before International Court of Justice in the #KulbhushanJadhav case.

2:39 PM - 9 May 2017

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Sushma Swaraj

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I have spoken to the mother of #KulbhushanJadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court.

2:36 PM - 9 May 2017

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Jadhav was arrested on March 3, 2016, through a counter-intelligence operation in Balochistan's Mashkel area for his involvement in espionage and sabotage activities against Pakistan. He was sentenced to death by the Field General Court Martial in April this year.

India had termed the death sentence awarded to Jadhav “an act of premeditated murder.”

Following the sentencing, the Indian foreign minister told the Rajya Sabha, the upper house of the Indian parliament, that Delhi would go out of its way to save Jadhav.

After a meeting with Foreign Secretary Tehmina Janjua last month, Indian High Commissioner Gautum Bambawale had claimed that Delhi made at least 13 requests for Jadhav to be granted consular access but had received no response from Pakistan.

When asked why consular access had been denied to Yadhav, Pakistan's High Commissioner to India Abdul Basit explained during an interview last month that such access is not "automatic", especially for matters that are "sensitive and related to security".

"Consular access is not provided across the board, let us remember that," he said.

Pakistan reviewing Indian move
Pakistan is reviewing the move by India to approach the ICJ regarding the Jadhav case and a decision in this regard will be issued accordingly, said Adviser to Prime Minister on Foreign Affairs Sartaj Aziz.

Speaking to reporters after a seminar in Islamabad on Wednesday, Aziz said Pakistan is reviewing India's application and the ICJ's jurisdiction in the case.

He said the Foreign Office will issue a statement about any decision taken in this regard in a couple of days.

Jadhav's trial
Jadhav was tried by an FGCM under Section 59 of the Pakistan Army Act and Section 3 of the Official Secrets Act of 1923, the statement said.

Jadhav confessed before a magistrate and court that he was tasked by Indian spy agency, the Research and Analysis Wing (RAW), to plan, coordinate and organise espionage and sabotage activities seeking to destabilise and wage war against Pakistan by impeding the efforts of law enforcement agencies for the restoration of peace in Balochistan and Karachi, the ISPR said.

Jadhav's confession
Jadhav's earlier confessional statement was aired by then head of Inter-Services Public Relations Lt Gen Asim Bajwa, in which the spy admitted his involvement in terror activities in Balochistan and Karachi.

Jadhav's 'confessional statement'.


Terming the Indian spy's arrest a 'big achievement', Bajwa said at the time that Jadhav was directly handled by the RAW chief, the Indian National Security Adviser and the RAW joint secretary.

"His goal was to disrupt the development of the China-Pakistan Economic Corridor (CPEC), with Gwadar port as a special target," Bajwa had said, adding: "This is nothing short of state-sponsored terrorism... There can be no clearer evidence of Indian interference in Pakistan."

"If an intelligence or an armed forces officer of this rank is arrested in another country, it is a big achievement," Bajwa had said, before going on to play a video of Jadhav confessing to Indian intelligence agency Research and Analysis Wing (RAW) involvement in Balochistan separatist activities in Pakistan.

https://www.dawn.com/news/1332227