Days before Kulbhushan Jadhav death sentence, Pakistan laid ground at ICJ

[Green Arrow]

Well TBH, With Current Govt in charge, I wont be surprised if we lose this case to ICJ by putting week show there as Nawaz Jindal Meeting was not accidental though

 

[That Guy]

This merely highlights that the trial was a sham trial in a kangaroo court - the decision was known to the Government before the military court passed its judgment? Indians don't realistically expect to get Jadhav but it would be handy to expose the Pakistani system.

Uh no, the judgement was likely passed far before this declaration. I'd go so far as to say that the trials and sentence was handed a long time ago, but was only declared publicly recently, as Pakistan wanted to make sure there was little India would be able to legally do.

Still, I do think that sentencing Jadhav to death was a strategic blunder. As long as he remains alive, and in Pakistani custody, he can be used to point to India's interference and support for militancy within Pakistan.

 

[Jackdaws]

This not Indian courts we are talking who need at least 30 years per case to solve. We are far advance then your Kangaroo courts.
http://www.firstpost.com/india/twen...rict-courts-a-crisis-is-revealed-2712890.html
I hope you feel insult but that what you were trying to do with our nation. So digest it and we damn care what you guys thing about Pakistan.

Do you even know what a kangaroo court is?

 

[Green Arrow]

Uh no, the judgement was likely passed far before this declaration. I'd go so far as to say that the trials and sentence was handed a long time ago, but was only declared publicly recently, as Pakistan wanted to make sure there was little India would be able to legally do.

Still, I do think that sentencing Jadhav to death was a strategic blunder. As long as he remains alive, and in Pakistani custody, he can be used to point to India's interference and support for militancy within Pakistan.

Exactly, Death Sentence should not have given in this case. Giving Life Prisonment and denying Counsalor Access was a good strategy though. The world is also quite against Death Penalty and now turning Death sentense into Life prisonment will damage the credibility of the Government and PA. The only gain for India in ICJ may be overturn the death penalty into Life Prisonment and nothing more.

 

[DESERT FIGHTER]

LOL - what a load of bovine excrement.

Disgusting to see your infatuation with excrement. Cultural thing I'd presume.

1. It is a matter of record that Shaukat Guru's and SAR Geelani's death sentences were commuted by the very Supreme Court in the same case where Afzal Guru's death sentence was upheld.

And somehow that justifies an illegal judicial murder?

2. Your Supreme Court validated the coup of Pervez Musharraf.

On the basis of the plane hijacking! And that too by NRO courts.

3. Pakistan refused consular access to Kasab.

India denied access to investigators??

All these are matters on the record. To quote a semi-literate person - "Mere barking without knowing any facts doesn't mean what you bark will turn into truth."

Than why don't you act upon the advice?

 

[Sully3]

LOL - how is that infatuation? LOL - the grasp of grammar from a madrassa educated person.

Only in a banana republic would a plane hijacking result in a judiciary-sanctioned coup. Incidentally the convicted hijacker in now your PM. Haha.

Consular access to Kasab could have resulted in your people questioning him. You denied your own citizen his rights as a Pakistani citizen.

What is a rapid stray? LOL. Do I need a kayak to traverse that rapid? LOL, now go get a rabies shot. Or not.

Mods
@The Eagle @waz

 

[Emmie]

Do you even know what a kangaroo court is?

Courts that hang people on the basis of collective conscious of the society? People Vs Guru, SC of India.

 

[SMIQBAL]

Pakistan achieved a chance to highlight Indian Involvement in Cross Border terrorism and conpiracies to de-stablize Pakistan at International Level through ICJ Proceedings. The Jurisdiction of the ICJ is as follows:-
"THE INTERNATIONAL COURT OF JUSTICE.
Article 36.COMPETENCE/JURISDICION:
1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

2. The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes 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.


3. The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain states, or for a certain time. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court.

4. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice and which are still in force shall be deemed, as between the parties to the present Statute, to be acceptances of the compulsory jurisdiction of the International Court of Justice for the period which they still have to run and in accordance with their terms.

6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court."

The Inida has relied upon an agreement of 2008 coupled with the letter issued From Lahore Bar Association for not providing legal services to Jadhav.
Pakistan has good locus standi for defence. Get an Adhoc Judge in ICJ and seek permission to file written evidence regarding Indian Involvement. The speeches of BLA, MQM and others may be placed on record. Constitute an special desk in information department for collection of all evidence based on years whether it is coming from Afghanistan, Iran, Kashmir, Baluchistan, Karachi etc. We can make a Declaration before the Honorable ICJ with conditions to place all material in connection with Indian Spy activities.
SMIQBAL, Advocate Supreme Court of Pakistan.
ssssmiqbal@gmail.com
Cell: 0314-2597700.

 

[Jackdaws]

Courts that hang people on the basis of collective conscious of the society? People Vs Guru, SC of India.

Maybe that's what the narrative is in a country known for judicial murder. In a real democracy a judgment is passed only after thorough analysis. Here is the full judgment - clearly more than "collective conscious".

https://indiankanoon.org/doc/1031426/

 

[Emmie]

Maybe that's what the narrative is in a country known for judicial murder. In a real democracy a judgment is passed only after thorough analysis. Here is the full judgment - clearly more than "collective conscious".

https://indiankanoon.org/doc/1031426/

Unlike referred case, all controversial cases are open for review in SC Pakistan. Many have been taken back or amended.

In a real democracy a judgment is passed only after thorough analysis

What? Whether it's democracy or any other form of the government, the judgement is passed on merits and not on analysis. Get your facts straight bud!

 

[Jackdaws]

Unlike referred case, all controversial cases are open for review in SC Pakistan. Many have been taken back or amended.



What? Whether it's democracy or any other form of the government, the judgement is passed on merits and not on analysis. Get your facts straight bud!

A case needs to be analysed in order to see its merits and demerits. India rarely carries out the death sentence. To put things in perspective Pakistan has carried out 300 death sentences in the last 3 years. India has executed 1 person in same time.

 

[Jackdaws]

And I wander how many of those executed were for political dissent? Pakistan has become another authoritarian banana republic with little credibility. Executing Jadhav would be nothing short of cold blooded murder. You cannot execute someone who did not commit a violent offense even if he was a spy (which itself is questionable). As Muslims we have to speak out against the injustice of the Pakistani military establishment.

I am pretty sure Jadhav is a spy. I doubt he is the combination of Rambo and Zorro who went around single-handedly spreading terror in Pakistan. I am also pretty sure that the "evidence" used to convict him would not have held up in an open court. For all practical purposes, I think he might even be dead. I know the narrative in Pakistan is that India spreads terror there. A similar narrative in India is that Pakistan spreads terror here. I can see why Jadhav has become the personification of that narrative. It is difficult to be objective when your fellow citizens are being killed.

 

[hacker J]

This not Indian courts we are talking who need at least 30 years per case to solve. We are far advance then your Kangaroo courts.
http://www.firstpost.com/india/twen...rict-courts-a-crisis-is-revealed-2712890.html
I hope you feel insult but that what you were trying to do with our nation. So digest it and we damn care what you guys thing about Pakistan.

Not trying to bully but your army court was created for quicker responses. But do u know kulbhushan has atleast 3 more appeals left in the court
1. Field Court Maeshel (not sure of it though)
2. Supreme court
3. Mercy petition

Now that adds atleast 3 months to his death forget about ICJ.

 

[kabooter_maila]

http://indianexpress.com/article/in...sentence-pakistan-laid-ground-at-icj-4653506/
Days before Kulbhushan Jadhav death sentence, Pakistan laid ground at ICJ
Pakistan said ‘national security’ matters cannot be The Hague’s jurisdiction
69
Shares

• Facebook
• Twitter
• Google Plus

Written by Shubhajit Roy | New Delhi | Published:May 13, 2017 6:00 am
Kulbhushan Jadhav. (File Photo)
TWELVE DAYS before Pakistan’s military court sentenced Kulbhushan Jadhav to death for “espionage and subversive activities”, Islamabad quietly gave a declaration to the International Court of Justice at The Hague stating that matters related to Pakistan’s “national security” would not be part of the ICJ’s jurisdiction.

Pakistan’s Permanent Representative to the United Nations in New York, Maleeha Lodhi, submitted the declaration to UN Secretary General Antonio Guterres on March 29, which superseded Pakistan’s earlier declaration to the ICJ on September 12, 1960.

The Indian Express examined both declarations and found that the national security clause was one of the key additions in the new declaration. These declarations are essentially terms and conditions under which a country decides to accept ICJ’s jurisdiction.

Top government sources in New Delhi said this was, in all likelihood, a “pre-emptive” step to counter India’s attempt to approach the ICJ and seek justice. “This clearly shows that the Pakistan government had made up its mind on the death sentence, and was trying to plug holes in its system,” said a top source.

Pakistan government sources confirmed to The Indian Express on Friday that it was done in “anticipation” of India’s move to approach the ICJ.
Lodhi’s declaration, on behalf of the Pakistan government, on March 29 said: “I have the honour, by direction of the President of the lslamic Republic of Pakistan, to declare that (the) Government of the Islamic Republic of Pakistan recognises 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 under the Statute of the International Court of Justice… Provided that this declaration shall not apply to…” (the declaration lays out eight clauses) and “all matters related to the national security of the Islamic Republic of Pakistan.”

This clause was not a part of the previous declaration. India’s declaration, which was made on September 15, 1974 by then External Affairs Minister Swaran Singh, does not preclude the national security option.

Among the eight other clauses that Pakistan has listed are disputes connected with “any aspect of hostilities, armed conflicts, individual or collective self-defence or the discharge of any functions pursuant to any decision or recommendation of international bodies, the deployment of armed forces abroad, as well as action relating and ancillary thereto in which Pakistan is, has been or may in future be involved.”

India, too, has a similarly-worded clause in its declaration.

Pakistan has, in fact, used the national security clause to deny all consular access requests to the Indian government. India has so far made 16 such requests, and its case is primarily based on the violation of Vienna Convention of Consular Relations.

“We realised this declaration was made by Pakistan, which precluded the national security matters. That is one of the key reasons we decided to approach the ICJ on the basis of violation of VCCR, which is an internationally accepted law on consular relations,” said an Indian government source.

ICJ is scheduled to hear both countries on May 15 and take a decision on the case which has strained relations between the two countries in the last month-and-a-half.

also similar frustration could be seen in other media reports.
http://www.thehindu.com/todays-paper/tp-opinion/saving-jadhav/article18442937.ece
http://www.news18.com/news/india/ku...istan-to-reject-icj-jurisdiction-1400243.html
http://www.hindustantimes.com/india...jadhav-case/story-9XED5BxTwIGSnBIZ9xizZI.html

ICJ has nothing to do with this case. A bloody terrorist has nothing to do with ICJ either. The disgraced terrorist Monkey, aka IN Commander Kulbhushan Jadhav, will see the gallows. It's just a matter of time - not of if.

 

[NirmalKrish]

India getting disgraced everywhere. Their little terrorist busted red handedly. Now we going to hang this little terrorist of theirs in front of the whole world.

Excellent move by Pakistan to sideline ICJ. There can be no case on a terrorist responsible for the murder of innocent Pakistanis.

Don't count your chickens before they hatch! The only entity that is going to get disgraced is the Pakistani legal team!