Pakistan is helpless in front of India.
Mark my word , Pakistan will return him with apologies to India.
ICJ hearing on Kulbhushan Jadhav case : News, Updates & Discussions
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Mark my word , Pakistan will return him with apologies to India.
John Reese
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If they have no jurisdiction in criminal case why they put stay in Jhadav's hanging and ask Govt of pakistan to assure this
ICJ clearly states that thy have jurisdiction
considering Indian appeal means pakistan violated para 36 of Vienna convention
graphican
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ICJ's order is only this much.
"Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings and shall inform the Court of all the measures taken in implementation of the present Order.
The Court also decides that, until it has given its final decision, it shall remain seised of the matters which form the subject-matter of this Order."
It only asks Pakistan not to execute Kulbhushan until final decision is made.
India is not granted counsellor access - anywhere in their verdict - yet court has identified India's request to counsellor access as plausible. Plausible is not implied or enforced.
2008 Agreement between India and Pakistan is accepted - yet ICJ found existence of this agreement does not limit ICJ's jurisdiction to hear this case. That means 2008 agreement will stay play its role in future hearings and Pakistan can deny India councillor access on its basis.
"Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings and shall inform the Court of all the measures taken in implementation of the present Order.
The Court also decides that, until it has given its final decision, it shall remain seised of the matters which form the subject-matter of this Order."
It only asks Pakistan not to execute Kulbhushan until final decision is made.
India is not granted counsellor access - anywhere in their verdict - yet court has identified India's request to counsellor access as plausible. Plausible is not implied or enforced.
2008 Agreement between India and Pakistan is accepted - yet ICJ found existence of this agreement does not limit ICJ's jurisdiction to hear this case. That means 2008 agreement will stay play its role in future hearings and Pakistan can deny India councillor access on its basis.
The Eagle
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And believing in such fairy tale, you quoted me. Try to post with quality and add something to the subject for interest of readers and for the quality of Forum which cannot be compromised at all.
graphican
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ICJ has jurisdiction on what? On listening the case weather counsellor access was India's right or not.
Vienna Convention doesn't grant ICJ status of a criminal court. ICJ has asked not to execute punishment until a final decision is made. They cannot overrule death penalty.
Devil Soul
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so they have ordered a stay..... No prob.... Yadav can be our guest for another few days.. till his hanging
GURU DUTT
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sir forget every thing simple point is for the time being
1. as per Pakistani establishment so called "Indian spymster-commader kulbhushan yadav or jhadav" gets counselor access
2. his execution is styed at least till end of Aug 2017 or the final verdict of ICJ on the matter
3. and ICJ has said that it cannot determine weather so called spy is a spy or not
all the three major points india had been assrting all along that too with a lawyer who took just Rs1 against your martial race hub bul watan lawyer who took 500K pounds for your case at the ICJ so you tell me sir who should celbrate today and who should not
HannibalBarca
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Does Justice/Mercy and "Human international Laws" apply when it comes to dead Kashmiris by India?
Is there any case at ICJ about India killing/Behavior in Kashmir?
Anyway... Have Fun
Is there any case at ICJ about India killing/Behavior in Kashmir?
Anyway... Have Fun
Devil Soul
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ICJ stays hanging of Indian spy Kulbhushan Yadav till final decision
THE HAGUE: The UN´s top court on Thursday ordered Pakistan to stay the execution of an Indian spy Kulbhushan Yadav, who is convicted of spying.
Judges at the International Court of Justice (ICJ) ruled in a unanimous and binding decision that Kulbhushan Sudhir Yadav must not be executed by Islamabad until they have had time to pass final judgement in the case.
Yadav was arrested from Balochistan in March 2016 and Pakistani officials say he has confessed to spying for Indian intelligence services. He was convicted last month by a military court and sentenced to death.
But India has maintained he is not a spy, and has accused Pakistan of violating the Vienna Convention by failing to provide him with consular access, as well as breaking international human rights law.
"Pakistan shall take all measures at its disposal to ensure that Mr Yadav is not executed pending the final decision in these proceedings," said the court´s president Ronny Abraham.
He also ordered Pakistan to inform the tribunal that it has implemented the decision, and stressed that ICJ decisions are binding on all state members.
Outlining the reasons for its decision, Abraham said Pakistan had "given no assurances" Yadav would not be executed before the court delivered its final decision.
Therefore the court was "satisfied there is an urgency in this case."
The case -- a rare foray for the two South Asian nations into the international courts -- has highlighted the recent sharp upsurge in tensions between the nuclear-armed rivals.
India lodged its case against Pakistan earlier this month, and the ICJ has yet to decide whether to take it up. The hearings and, final decision, could take more many months if not years.
The ICJ was set up in 1945 to rule on disputes between nations in accordance with international law.
Complete text of ICJ order
- ´Concocted charges´ -
Yadav reportedly joined India´s National Defence Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991.
The son of a retired police office, his neighbours in Mumbai where he lived with his wife and two children, remember him as a shy but helpful man who was good at sport and academic, according to the Hindustan Times newspaper.
Indian lawyer Deepak Mittal told the tribunal in a day-long hearing on Monday that Yadav was "an innocent Indian national" who had been held incommunicado "for more than a year on concocted charges".
But Pakistani representatives accused New Delhi of "political grandstanding" and told the court Yadav "has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan".
The last time India and Pakistan took a dispute to the ICJ was in 1999 when Islamabad protested against the downing of a Pakistani navy plane in which 16 people embraced martyrdom.
In that case, the tribunal decided it was not competent to rule in the dispute and closed the case.
India and Pakistan routinely accuse one another of sending spies into their countries, and it is not uncommon for either nation to expel diplomats accused of espionage, particularly at times of high tension. But death sentences have rarely been issued in recent years.
https://www.thenews.com.pk/latest/205166-ICJ-delivers-order-on-Kulbhushan-Yadav-spy-case
THE HAGUE: The UN´s top court on Thursday ordered Pakistan to stay the execution of an Indian spy Kulbhushan Yadav, who is convicted of spying.
Judges at the International Court of Justice (ICJ) ruled in a unanimous and binding decision that Kulbhushan Sudhir Yadav must not be executed by Islamabad until they have had time to pass final judgement in the case.
Yadav was arrested from Balochistan in March 2016 and Pakistani officials say he has confessed to spying for Indian intelligence services. He was convicted last month by a military court and sentenced to death.
But India has maintained he is not a spy, and has accused Pakistan of violating the Vienna Convention by failing to provide him with consular access, as well as breaking international human rights law.
"Pakistan shall take all measures at its disposal to ensure that Mr Yadav is not executed pending the final decision in these proceedings," said the court´s president Ronny Abraham.
He also ordered Pakistan to inform the tribunal that it has implemented the decision, and stressed that ICJ decisions are binding on all state members.
Outlining the reasons for its decision, Abraham said Pakistan had "given no assurances" Yadav would not be executed before the court delivered its final decision.
Therefore the court was "satisfied there is an urgency in this case."
The case -- a rare foray for the two South Asian nations into the international courts -- has highlighted the recent sharp upsurge in tensions between the nuclear-armed rivals.
India lodged its case against Pakistan earlier this month, and the ICJ has yet to decide whether to take it up. The hearings and, final decision, could take more many months if not years.
The ICJ was set up in 1945 to rule on disputes between nations in accordance with international law.
Complete text of ICJ order
- ´Concocted charges´ -
Yadav reportedly joined India´s National Defence Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991.
The son of a retired police office, his neighbours in Mumbai where he lived with his wife and two children, remember him as a shy but helpful man who was good at sport and academic, according to the Hindustan Times newspaper.
Indian lawyer Deepak Mittal told the tribunal in a day-long hearing on Monday that Yadav was "an innocent Indian national" who had been held incommunicado "for more than a year on concocted charges".
But Pakistani representatives accused New Delhi of "political grandstanding" and told the court Yadav "has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan".
The last time India and Pakistan took a dispute to the ICJ was in 1999 when Islamabad protested against the downing of a Pakistani navy plane in which 16 people embraced martyrdom.
In that case, the tribunal decided it was not competent to rule in the dispute and closed the case.
India and Pakistan routinely accuse one another of sending spies into their countries, and it is not uncommon for either nation to expel diplomats accused of espionage, particularly at times of high tension. But death sentences have rarely been issued in recent years.
https://www.thenews.com.pk/latest/205166-ICJ-delivers-order-on-Kulbhushan-Yadav-spy-case
John Reese
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“Pakistan should take measures to ensure that Jadhav is not executed”, ICJ
Global Village Space |
News Analysis |
The International Court of Justice (ICJ), on Thursday, ordered Pakistan to stay the hanging of self-confessed Indian spy, Kulbhushan Jadhav, until it rules in the treaty violation case.
Announcing the verdict, presiding Judge Ronny Abraham said, “Pakistan should take measures to ensure that Jadhav is not executed until ICJ’s verdict.”
He further asserted “court considers it a failure on the part of Pakistan to present counselors to Jhadav,” Abraham said. “A link exists between the rights invoked by India and the provisional measures being sought by the state.”
Provincial measures were announced after the court established the urgency of the case and its jurisdiction. The case is now up for international scrutiny.
India and Pakistan are fighting an important legal battle at the International Court of Justice (ICJ) over the case of Kulbushan Jadhav’s death sentence. The public hearing took place on Monday, 15th May. Representatives from both sides vociferously put forward their diametrically different arguments. The Pakistani counsel iterated that Jadhav, an Indian National, was sent from Delhi to carry out and facilitate acts of terror on Pakistani soil.
Read more: Kulbhushan’s death sentence: a “Circuit Breaker” or “Grand Bargain”?
Pakistan talked about the confessional video of Jadhav where he admitted to carrying out espionage and terror-related activities. Besides, the credentials on his passport were also questioned.
India denied that Jadhav was a spy in its application last week and lodged a protest at the ICJ accusing Pakistan of “egregious violations of the Vienna convention”.
“India has been unable, or perhaps unwilling, to provide an explanation for this passport which is the most obvious indication of covert and illegal activity,” Mr. Faisal from the Foreign affairs said during the hearing.
Mr. Faisal told the judges that rather than imposing emergency measures, a hearing on the merits of the case within six weeks could be scheduled.
India, however, denied that Jadhav was a spy in its application last week and lodged a protest at the ICJ accusing Pakistan of “egregious violations of the Vienna convention”.
India believes that the farcical nature of the proceedings and unjust trial by a Pakistan military court… has led to a serious miscarriage of justice,” said Deepak Mittal, an official at India’s external affairs ministry.
Read more: Pakistan and India skirmish at the Hague
India argued that because the case is likely to take months or years to resolve, the ICJ must immediately order Pakistan to “take all measures necessary” to prevent Jadhav’s execution until the court has given its decision.
Read full article:
“Pakistan should take measures to ensure that Jadhav is not executed”, ICJ
Global Village Space |
News Analysis |
The International Court of Justice (ICJ), on Thursday, ordered Pakistan to stay the hanging of self-confessed Indian spy, Kulbhushan Jadhav, until it rules in the treaty violation case.
Announcing the verdict, presiding Judge Ronny Abraham said, “Pakistan should take measures to ensure that Jadhav is not executed until ICJ’s verdict.”
He further asserted “court considers it a failure on the part of Pakistan to present counselors to Jhadav,” Abraham said. “A link exists between the rights invoked by India and the provisional measures being sought by the state.”
Provincial measures were announced after the court established the urgency of the case and its jurisdiction. The case is now up for international scrutiny.
India and Pakistan are fighting an important legal battle at the International Court of Justice (ICJ) over the case of Kulbushan Jadhav’s death sentence. The public hearing took place on Monday, 15th May. Representatives from both sides vociferously put forward their diametrically different arguments. The Pakistani counsel iterated that Jadhav, an Indian National, was sent from Delhi to carry out and facilitate acts of terror on Pakistani soil.
Read more: Kulbhushan’s death sentence: a “Circuit Breaker” or “Grand Bargain”?
Pakistan talked about the confessional video of Jadhav where he admitted to carrying out espionage and terror-related activities. Besides, the credentials on his passport were also questioned.
India denied that Jadhav was a spy in its application last week and lodged a protest at the ICJ accusing Pakistan of “egregious violations of the Vienna convention”.
“India has been unable, or perhaps unwilling, to provide an explanation for this passport which is the most obvious indication of covert and illegal activity,” Mr. Faisal from the Foreign affairs said during the hearing.
Mr. Faisal told the judges that rather than imposing emergency measures, a hearing on the merits of the case within six weeks could be scheduled.
India, however, denied that Jadhav was a spy in its application last week and lodged a protest at the ICJ accusing Pakistan of “egregious violations of the Vienna convention”.
India believes that the farcical nature of the proceedings and unjust trial by a Pakistan military court… has led to a serious miscarriage of justice,” said Deepak Mittal, an official at India’s external affairs ministry.
Read more: Pakistan and India skirmish at the Hague
India argued that because the case is likely to take months or years to resolve, the ICJ must immediately order Pakistan to “take all measures necessary” to prevent Jadhav’s execution until the court has given its decision.
Read full article:
“Pakistan should take measures to ensure that Jadhav is not executed”, ICJ
Areesh
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No it doesn't say anything of this sort.
He would be hanged. Indians and jadhav get a few days reprieve. In the end he would be hanged.
Nope. Pakistan doesn't need to since Pakistan was rejecting ICJ jurisdiction in this case. Learn more before further making a fool of yourself.
graphican
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You could be referring to comments of individual judges. ICJ's judgement (or interim judgement) doesn't include anything like this.
Court's final judgement is only this much,.
Divergent
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He wasn't kidnapped from Iran, Pakistan doesn't set foot on other peoples territory, but from IN Pakistan. What was he doing in Baluchistan under a FALSE ID? Distributing moral? Please.
Pakistan doesn't give a damn about India, just keep out off our internal affairs or face consequences.
The Eagle
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sir forget every thing simple point is for the time being
1. as per Pakistani establishment so called "Indian spymster-commader kulbhushan yadav or jhadav" gets counselor access
2. his execution is styed at least till end of Aug 2017 or the final verdict of ICJ on the matter
3. and ICJ has said that it cannot determine weather so called spy is a spy or not
all the three major points india had been assrting all along that too with a lawyer who took just Rs1 againstyour martial race hub bul watan lawyerwho took 500K pounds for your case at the ICJ so you tell me sir who should celbrate today and who should not
Did anyone question the celebration or you made this post with repetitive points only to taunt and troll. Read highlighted part. If you have issues to post without such, still has a choice to not to post.
Rest about topic, KY is not acquitted by ICJ but his execution is stayed. I don't know whats made it impossible to understand. Only final order will confirm about KY future which is yet set to be alive till then.
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