Pakistan ready to fight Kulbhushan's case in ICJ vigorously

[Jackdaws]

Please read all my posts in this thread. India can't claim anything which it doesn't allow others to claim that too in ICJ. Compensatory or not, totally irreverent because India challenged the jurisdiction and application was disposed off on jurisdiction issue and not on merit.

Yes, I agree. From what I understand the decision of jurisdiction will be taken by the current bench in this case. I concede that the dice are loaded in Pakistan's favor because India once successfully challenged the jurisdiction. But I don't think the Vienna Conventions for Consular Relations were invoked there.

Most of us here are no experts on international law - so all this is conjecture at best.

 

[BHarwana]

JUst want to add the incident here. China was taken to ICJ for Islands in SCS and China lost the case and told ICJ to piss off. Media is trying to make this topic highlighted for few debates and Adds nothing more to add here ICJ is joke. Civil court in Pakistan has more authority than ICJ.

 

[DESERT FIGHTER]

Never knew that someone is keeping a tab on me ALWAYS. Thanks

Its an indian habbit.

Making false claim out of thin air.

I am sure that Doval can make at least one of your western neighbours to submit to Indians demand.

Sure, although i doubt any country will lie for indias sake even afghanistan.

Things dont work out like that.

Neither can you keep lying that the person with 2 indian govt issued fake passports was kidnapped from one country to another just like that!

Kanan Thapar is a great journalist but his Anti-Modi and Anti-India media articles may not be acceptable as proofs in ICJ

Im sure, afterall anybody dare to question indian govt or military is a "sickular",love jihadi,"Kangressi","presstitute" and so on!

Blaming others for raising "VALID" questions from your own govt afterall is not tolerable for jingoistic indians!

As for ICJ, as a student of law, i dont think ICJ has any jurisdiction here, unless both states agree to take the matter to ICJ etc. And so on..

Specially not if the accused is a spy or a terrorist!

As for counsellor, kulbhushan was given a counsellor to represent his case.

Although not an indian counsellor, but than again .. let me remind you that india didnt even give access to Pak investigators in case of Ajmal Kasab!

Neither a law or a precedent neither a custom can compel us to give india access to mr kulbhushan.

 

[Sliver]

China was taken to ICJ for Islands in SCS and China lost the case and told ICJ to piss off.

that will set a bad precedent in case of resource sharing and future disputes between countries

 

[DESERT FIGHTER]

that will set a bad precedent in case of resource sharing and future disputes between countries

And a bad precedent to let a state terrorist go free.

Besides, where was ICJ when indians shot our unarmed recon plane in our maritime territory? suckin dick?

 

[Verve]

If you're listening to experts like one who gave his expert views on Pakistan's SLCM test then better you should do a little research at your own.

Let me give you a few reasons why there's no legal room for India.

1. ICJ can't invoke its jurisdiction when matter (criminal/war related) is between India and a common wealth country, India's own condition for adhering to ICJ.

2. Consular access protocol don't apply to spys therefore consular access denial is legally vindicated.

3. 21st amendment allows trial of terrorists in mil courts, that said Jhadav's trial was carried out under domestic laws and when it comes to domestic laws ICJ recedes its jurisdiction.



Please read all my posts in this thread. India can't claim anything which it doesn't allow others to claim that too in ICJ. Compensatory or not, totally irreverent because India challenged the jurisdiction and application was disposed off on jurisdiction issue and not on merit.

Good to have you back in this form .... been a while

 

[Sliver]

And a bad precedent to let a state terrorist go free.

dont let him free.. prove his guilt at ICJ..

 

[Thəorətic Muslim]

dont let him free.. prove his guilt at ICJ..

By saying what?

We captured him by using these counter-intel assets that we have?

To this day, we Americans still don't know how the previous "Illegals Program" Russian spies were traced and captured.

 

[DESERT FIGHTER]

dont let him free.. prove his guilt at ICJ..

We dont have to?

 

[Musafir117]

The point is very simple

If you disregard ICJ Today ; we can also do so in Future

That is Indus water treaty

All Agreements and International commitments hence forth become useless

Here you talking your language WE talking about a terrorist who need to be deserve what he did and YOU talking about inocient lives put in danger bravo.

 

[Hellfire]

We in India believe that he is already dead
Therefore this denial of Consular Access

By the way we wont release Colonel Habib because we never
Arrested him formally

Do we have him?

 

[Vigneshwara]

Pakistan have prepared a 3 point strategy on kalboshan case at ICJ
1) Pakistan will challenge ICJ Juristriction over this case. According to legal experts ICJ donot have juristriction over this case.
2) Pakistan will fight this case at any cost.
3) all evidences against kalboshan will be provided to the court if necessary including kalboshan confessional statements in the court.

courtesy: Neo news

Now as i told indians all intelligence agencies keep a close eye on their enemy spy until his mission is revealed and all evidences are gathered during this time. When all is known and enough evidences are gathered they are arrested and according to some eye witness i have met the enemy spy soon after being caught accept their crimes because mostly they are even told their real name and family residence by the Counter espoinage guys whoo areest them.
Same happened with kalboshan.

1. If pakistan challenges ICJ over jurisdiction then pakistan would never be able to go to UN over kashmir and for water due to IWT.
2. India would fight this case to the hilt and would leave no stone unturned.
3. Confessional statements hold no sanctity as it could be extracted using torture and drugs, pakistan does not have any evidence till date hence, the reason why pakistan keeps talking about confessional statements.

 

[HAIDER]

Pakistan have prepared a 3 point strategy on kalboshan case at ICJ
1) Pakistan will challenge ICJ Juristriction over this case. According to legal experts ICJ donot have juristriction over this case.
2) Pakistan will fight this case at any cost.
3) all evidences against kalboshan will be provided to the court if necessary including kalboshan confessional statements in the court.

courtesy: Neo news

Now as i told indians all intelligence agencies keep a close eye on their enemy spy until his mission is revealed and all evidences are gathered during this time. When all is known and enough evidences are gathered they are arrested and according to some eye witness i have met the enemy spy soon after being caught accept their crimes because mostly they are even told their real name and family residence by the Counter espoinage guys whoo areest them.
Same happened with kalboshan.

Why need all this .. whatever Pakistani law say ... He was involved anti state activity , not against any other nation.

 

[Soulspeek]

Why it dosent come to your mind that ISI can very easily plant fake passport to frame him??

fake name who entered Pakistan without visa.
vianna convention says:
However, access to persons accused of grave charges such as espionage and terrorism requires greater inspection of the object and purpose of consular access under international law and its relevance in situations involving issues of national security of states.

can your government answer a simple question that why was a retired navy officer with relation to government whose whereabouts were known to indian government and still issued passport with fake name?

 

[Vigneshwara]

What strategy? ICJ has no jurisdiction in this matter, period. Citation - Atlantique case.

The same would apply for kashmir and water issues as there is an agreement between India and pakistan in the form of shimla agreement and IWT. Its a win-win situation for India if pakistan declines ICJ then kashmir and water issue would completely become bilateral and if pakistan appears at ICJ we would get the counselor access and it would expose pakistan on the world stage due to lack of evidence.