1. He was kidnaped and not arrested from Iran by terrorist, who are in cahoots with security agencies. You too claim one of your retired officer was kidnaped from Nepal, last month by RAW. So why has Nepal not protested for breach of sovereignty?
2. Go read ICJ statement properly, it categorically states, Pakistan should have granted consular access in the first place. Prima facile evidence suggest ICJ has jurisdiction. They are gonna further hear the arguments off both sides and decide weather ICJ has jurisdiction till the hearing is over, He can not be hanged.
So in case ICJ decides it has jurisdiction and Pakistan has to grant consular access. Pakistan's entire case fought in its shady military court would mistrial.
3. First you explain us, why would an Indian spy carry a fake Indian passport, while on terrorist mission in Pakistan? That is dead give away.
As far fake passports are concerned , they are dime a dozen, Pakistan could have easily planted one on him.
Even if he does have a fake passport, what does that prove ? That he is a terrorist, how ?
What other proof do you have against him?
Atleast give one proof , that would be acceptable in rest of the world.
Now the case is ICJ..go ahead prove that he is terrorist there.