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ICJ hearing on Kulbhushan Jadhav case : News, Updates & Discussions

Spy's are heroes who already know that their life is forfeit if they are caught in an enemy territory. Every spy continues to do his job despite this risk.

I agree. So what is all this randi-rona about? Your monkey has been caught in enemy territory and Indians should now digest forfeiture of his sordid life with grace.

However this is not true for the Monkeys like Lt Col (retd) Muhammad Habib who had no clue what Hit him. They and other pakistani monkeys like him will die begging for life in an Indian hole. But unlike us, you have NO PROOF that we actually have him.

And that, my dear indian immigrant, is a confession of fraudulent intent which you inadvertently stated in your enthusiasm. So we both agree that India got caught with its pants down when it's monkey got caught but is now trying crooked ways to cover up and turn the table around in its favour. Kudos.

The ONLY message it will send is to the international community that pakistan is a Lawless state a a liability for the world community. A nation that does not honor international law and its own commitments to uphold international commitments.

This will play right into our own Narrative for pakistan and will only serve to strengthen global opinion about pakistan and pakistanis.

Many nations have, in the past, shown ICJ the middle finger when it came to spies or foreign terrorists. We won't be the first one. Do a little study and you'll find which nations/countries I am talking about. The Islamic Republic of Pakistan's stance shall remain that ICJ has no jurisdiction in matters pertaining to Pakistan's internal national security.

The bottom line remains:

We have your monkey and we will fry him in whatever manner we deem most appropriate.
 
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No there isn't anything like that. You with your poor knowledge of legal issues is again sharing your delusions with us.

Article 36
Communication and contact with nationals of the sending State
Para1.With a view to facilitating the exercise of consular functions relating to nationals of the sending
State:
(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;
(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.
 
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The Inside Story | Why India went to ICJ

Why India went to ICJ when it already knows that Pakistan WILL give the jurisdiction middle finger to ICJ and while India WILL get a stay order on the hanging PROVISIONALLY, it KNOWS ICJ CANNOT force or compel Pakistan not to hang a terrorist caught and tried in Pakistani Courts under the CONSTITUTION of Pakistan.

Indian Government had to show to it's junta that it tried its best to get back their monkey. That there was nothing more that could be done. Hence the whole useless attempt in ICJ.

PDF members are advised not to waste their energies with these indian immigrants on our Pakistani defence forum replying to their BS.

I would like you all to look at the history of Indian spies caught in Pakistan and you'll see why it isn't that difficult for us to "ensure" that this filthy indian monkey meets his fate.

Sarabjit Singh
Sarabjit Singh was arrested by Pakistani authorities in August 1990. At the time, India said that an inebriated 27-year-old Singh had strayed across the border while ploughing his field.

He was arrested on charges of carrying out four bombings in Faisalabad, Multan and Lahore which killed 14 Pakistani citizens. He was later sentenced to death.

Singh was fatally assaulted on April 26, 2013, by two fellow prisoners in Kot Lakhpat jail. Singh suffered severe injuries in the head and was admitted to the Intensive Care Unit (ICU) at Lahore’s Jinnah Hospital where a medical board comprising senior neurosurgeons treated him.

He died on May 2, 2013. The Indian government conducted a state funeralafter his body was brought back to India by his family members.

Kashmir Singh
Kashmir Singh was a convicted Indian spy on death row and spent 35 years in prison in Pakistan. Throughout his incarceration, he insisted he was not a spy. He was arrested in 1973.

58eb9228c25ff.jpg

Kashmir Singh receives a hero's welcome on his return to India. -BBC


Singh was pardoned by then President Pervez Musharraf and returned to India where he was given a hero's welcome.

“I was a spy and did my duty,” admitted Singh after crossing the border, the Press Trust of India news agency reported, adding he was paid about 400 rupees a month for his work.

“I went to serve the country,” he told reporters in Chandigarh after his release.

“Even Pakistan authorities failed to get this information from me,” he added.

Ravindra Kaushik
Ravindra Kaushik was born in India's Rajasthan and was recruited by the Research and Analysis Wing (RAW) while working as a theatre artist.

After receiving two years of training, he was sent to Pakistan in 1975, where he enrolled in Karachi University under the alias of Nabi Ahmad Shakir.

After graduation, Kaushik joined the Pakistan Army as a commissioned officer and got promoted to the rank of Major.

During 1979-83, he passed on sensitive information to RAW. His run as a spy ended when another Indian spy was caught by Pakistani forces. The arrested spy blew Kaushik's cover.

Kaushik was incarcerated for 16 years and died in 2001 while imprisoned in Multan Jail after contracting pulmonary tuberculosis.

Sheikh Shamim
Sheikh Shamim was arrested by Pakistani authorities in 1989 and was charged with spying for RAW, reported AFP.

Authorities said he was caught "red-handed” near the Pak-India border while spying. He was hanged by the authorities in 1999.

You fry the monkey and UNSC will grill the chicken tikka out of you :p Thats what ICJ is all about :P
heheheheehehehehe. You really cracked me up. :D
 
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court decision
http://www.icj-cij.org/docket/files/168/19442.pdf

In this regard, the Court notes that the acts alleged by India are capable of falling within the scope of Article 36, paragraph 1, of the Vienna Convention, which, inter alia, guarantees the right of the sending State to communicate with and have access to its nationals in the custody of the receiving State (sub-paragraphs (a) and (c)), as well as the right of its nationals to be informed of their rights (sub-paragraph (b)). The Court considers that the alleged failure by Pakistan to provide the requisite consular notifications with regard to the arrest and detention of Mr. Jadhav, as well as the alleged failure to allow communication and provide access to him, appear to be capable of falling within the scope of the Vienna Convention ratione materiae.


is there any problem understanding this simple english??
 
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court decision
http://www.icj-cij.org/docket/files/168/19442.pdf

In this regard, the Court notes that the acts alleged by India are capable of falling within the scope of Article 36, paragraph 1, of the Vienna Convention,
is there any problem understanding this simple english??

Talking about Vienna Convention and violating the UN Charter , doesnt make any sense .

Why Republic of India have to think about those nations which openly violate our Soveriginity and indulge in Terrorism ?
 
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Talking about Vienna Convention and violating the UN Charter , doesnt make any sense .

Why Republic of India have to think about those nations which openly violate our Soveriginity and indulge in Terrorism ?

Whatever solves our purpose.



Edit
 
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Whatever solves our purpose. No one has asked your advice.

Purpose should be harmony but if they will not understand UN charter then they should ask Ukrainian Establishment what were the reason that they have lost the territories and so many of thier citizens were martyred, Indian Establishment is not going to make Indians suffer because of thier violations and give heads of Indians to protect them or thier countries. Indian Establishment is going to impose trade and immigration restrictions.
 
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Purpose should be harmony but if they will not understand UN charter then they should ask Ukrainian Establishment what were the reason that they have lost the territories and so many of thier citizens were martyred, Indian Establishment is not going to make Indians suffer because of thier violations and give heads of Indians to protect them or thier countries. Indian Establishment is going to impose trade and immigration restrictions.

okay wait I mixed two post. edited above

who is they here?
 
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Sorry to burst your bubble, but none of Pakistan's claims has been "proven wrong" so far. Only hearing grounds have been admitted and the court has decided to hear this case. It's just an interim order/relief.

All pakistani claims, which were part of first hearing of ICJ jurisdiction, were rejected. KBY being a spy and if he has been provided a fair trial was not meant to be contested in this hearing, they are saved for future discussions.

Not just court has decided to pursue this case, they have provided a provisional stay on any execution orders by Pakistani Courts and have asked Pakistan to report all further proceedings to ICJ.

Moreover, ICJ insinuated that by not providing consular access, Pakistan has not done its fair part and is in violation of Viena convention, thus simply raising questions on trial process. The onus lies with Pakistan now to prove that KBY is at guilt and they have provided him his fair share of judicial rights to defend himself in military courts.

By the way Sarmad Bhai, who were the defense lawyer for KBY?
And for what specific terror acts he is convicted and given capital punishment?

And one last question - Which party: India or Pak, got his objectives achieved meant for first hearing at ICJ?
 
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Indian Establishment is well aware and this time the message is clear . Don't mess with Indian Citizens aboard.

because this is not the first time it happened. Remember Indian embassy Kabul? Which convection would be applicable there. They directly used proxy and said they are not involved.
 
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1. ICJ has not said that India's claim is correct.

What were Indian claims under jurisdiction at first hearing of ICJ?

Anything apart from asking a stay of KBY execution until ICJ render a final decision after proper hearing of case, and that the case falls into ICJ jurisdiction?

ICJ upholds Indian claims.

2. It has stated that India will have to prove its claim to qualify for relief

Anyone with legal understanding knows that the onus to prove KBY guilt lies with Pakistan. Its Pakistan who need to convince ICJ that infact KBY is a spy involved in terrorism in Pakistan.

3. Pakistan's legal team was ill prepared. Such cases are not contested on one day or week notice. They should have bought time for preparation. It seems that things have been done in urgency to make favourable grounds of opponents. Had Pakistan not sent the consent to ICJ on 29th March 2017. This case would have been inadmissible and a simple letter to ICJ indicating it to be beyond its jurisdiction would have been enough.

After almost an year of farcical trial, still you come unprepared?

However parties simply denying ICJ role even before presenting their case before the court do have its own repercussions. Pakistan can take that?

4. ICJ has created its jurisdiction on the basis of Indian application, whereas it has observed that India has not been able to prove its version. In such scenario they should have returned the application for furnishing sufficient evidence. It clearly indicates that ICJ has not given a verdict against Pakistan, but has done passed an interim order to favour India.

We proved our version and thus ICJ stayed a pakistani court decision and order to hear the case afresh. Time for you to prove your version in front of International audience and jury.
 
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