ito
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He's being tried under military laws .. not Pak penal or civil court.. hence no magistrate is needed.
Even the name and address on his passport is fake..
He's not "Hussain Mubarak Patel" as his passport mentions.. but "Kulbushan Yadav".
You can try your own citizens in whatever laws you want....not foreign citizens. Foreigners are entitled to consular access and a fair trial. And no this is not going to cut ice anywhere including at ICJ.