ICJ rejects India’s plea for acquittal, repatriation of Kulbhushan - Updates, News & Discussion

[RIP Pak LAW]

Harish did what he's supposed to do, get a favorable judgement. Acquittal is a stretch, which he already clarified before.

How cute of you. This is what Indians were fighting for when they first knocked the doors of ICJ. So easy for Indians to say now that "he already clarified" LOL. Check your demands. 4 out of 5, REJECTED!

 

[Jackdaws]

No access to RAW / Indian Consulars.
No jurisdiction. India does not even recognize US resolutions on Kashmir. ICJ is just moral jurisdiction.

Hahaha. No, it does not have just moral jurisdiction.

 

[Microsoft]

Wasn't it Modi's political pressure that got the release of Abhinandan? Why isn't he applying same pressure for Hussain Patel?

Did Hussain Mubarak Patel bang Modi's wife?

 

[third eye]

thread already running, why open a new one?

Apologies, couldn’t see it then

Please merge where appropriate

 

[Hack-Hook]

@Hack-Hook Salam Alaykum

Please help me clear out my confusion

What's the confusion here ,title of the thread is clear and Honnestly more than 40 page in half a day is a clear sign not to touch the thread .

 

[Taha Samad]

Well ICJ verdict is a win-win for both:

- ICJ ruled that Pakistan committed violation of Vienna Convention so India possibly will get counselor access. But that pretty much only thing India will get.

- ICJ has ruled that Pakistan in a way of "its own choosing" review and reconsider that trial and subsequent sentence were not effected by non-granting of the Vienna convention rights. So scope of review is very limited and also note:

A "review" is not an "appeal". In "review" court can only consider if there was any gross misapplication of law. Hence it's scope is extremely limited. A review by HC, SC or even Field Court Martial of its own verdict will suffice for compliance. Choice is ours.

So I think best will be for Pakistan to give consular access. Then promulgate a ordinance for SC to review the sentence in light of ICJ judgement. The govt. of Pakistan can request the hearings to be in-camera if there is a threat of putting National Security Secrets in public domain.

I am saying SC since this will take away the Military Court argument although cases of espionage are to tried in Military Courts anyway in most countries and Kulbushan is still be tried for cases of terrorism which is the domain of civilian courts.

 

[airomerix]

to bhai kab hang krre ho kulbhushan ko ... 3 saal hogye ... humne to 1 saal k andar latka diya tha kasab ko

This is the thing. He is kept alive to be rubbed on your face on every international forum.

 

[Cool_Soldier]

Well, its not win win situation.
Pakistan's point of view is accepted in many ways.
India is totally failed to get its objective part from counselor access that it might could get by direct requesting to Pakistan Govt.

 

[SIPRA]

1st of all congratulations on winning the case.

2nd - Thank you indian members of this forum, for providing so much entertainment. Please do feel free to indulge in these juicy crispy Baklawas.

Your kindness and concern for our Indian friends is highly appreciated.

 

[Pakhtoon yum]

Wow...gotta say that's alot of Indian bs, in these 66 pages

 

[Falcon26]

Well ICJ verdict is a win-win for both:

- ICJ ruled that Pakistan committed violation of Vienna Convention so India possibly will get counselor access. But that pretty much only thing India will get.

- ICJ has ruled that Pakistan in a way of "its own choosing" review and reconsider that trial and subsequent sentence were not effected by non-granting of the Vienna convention rights. So scope of review is very limited and also note:

A "review" is not an "appeal". In "review" court can only consider if there was any gross misapplication of law. Hence it's scope is extremely limited. A review by HC, SC or even Field Court Martial of its own verdict will suffice for compliance. Choice is ours.

So I think best will be for Pakistan to give consular access. Then promulgate a ordinance for SC to review the sentence in light of ICJ judgement. The govt. of Pakistan can request the hearings to be in-camera if there is a threat of putting National Security Secrets in public domain.

I am saying SC since this will take away the Military Court argument although cases of espionage are to tried in Military Courts anyway in most countries and Kulbushan is still be tried for cases of terrorism which is the domain of civilian courts.

T H I S!

 

[maximuswarrior]

It is simple folks. This show at ICJ went on because Nawazoo ordered it. He is history now and we are in a new era. The shitshow is over.

Pakistan will do whatever necessary to bring Jadhav to justice. If that means the death penalty so be it. ICJ ruling has no bearing on Pakistan. Pakistani state holds the Indian terrorist in its custody. Justice shall be delivered per Pakistani law. Pakistan is not bound by ICJ ruling.

 

[1Paki$tani]

Did NS and PMLN set Pakistan up with ICJ.

As per ICJ's website Pakistan only signed declaration accepting the ICJ jurisdiction in March 2017. See Link Below

https://www.icj-cij.org/en/declarations



While India filed the case on 8 May 2017.

Pakistan should never have accepted the Jurisdiction of the court and if it did, it should have qualified the acceptance by stating such jurisdiction shall not apply to national security matters.

 

[The Eagle]

( Which is not applicable to a spy )

Selective reading under isolated manners. ICJ did not mention violation as he is not spy but read with Vienna Article for Counselor Access for any foreigner captured/arrested/under investigation. Read again.

 

[PradoTLC]

so india lost again.....

cool