India made a "serious mistake' by going to ICJ, says former Judge

[Sugarcane]

Pakistan is a fake country, M.Katju
http://timesofindia.indiatimes.com/...ntry-Markandey-Katju/articleshow/18353631.cms

He is right - You can call it fake as IoK and IoP is missing from genuine country.

 

[Rashid Mahmood]

 

[Panzerkampf]

Kill the messenger if you like but he certainly has a point. No Indian seems to counter it. The ball is now in Pakistan's court and Kashmir is the the next match.

Pakistan cannot take Kashmir to ICJ as it does not fall under ICJ jurisdiction.

 

[NOWorNEVER]

NEW DELHI: The matter of the Indian spy Kulbhushan Yadav arrested in Pakistan in the International Court of Justice has become a new bone of contention between India and Pakistan.

While entire India has been feeling happy over the judgement of the ICJ in the issue, legal minds in India are slamming the Government for taking the bilateral issue to the UN court.

Former chief justice of India has stated that the country has committed a mistake by going to International Court of Justice (ICJ) for Kulbhushan Jadhav case.

READ MORE: India sends back 50 Pakistani students after threats from extremists Shiv Sena
Ex-Indian chief justice Markandey Katju tweeted, “It was a serious mistake for India to go to ICJ on this issue, as now Pakistan can raise all kind of issues, particularly Kashmir.”

In a detailed Facebook post, the chief justice gave another perspective that Pakistan can now move UN’s judicial arm regarding the long-standing Kashmir conflict.

“Pakistan must be very happy that we went to the ICJ over a single individual’s fate, as now they can raise all kinds of issues, particularly Kashmir, in international fora, to which we had always objected till now. By going to the ICJ we may have opened up a Pandora’s box,” he wrote.

READ MORE: US intervenes to reduce Pakistan-India tensions
‘We have played into Pakistan’s hands, and given it a handle to open up many other issues. In fact, that is why it seems that Pakistan did not seriously object to the jurisdiction of ICJ,” he observed.

Katju opined that after the Kulbhushan’s case Pakistan would approach the International court of justice seeking resolution of Kashmir issue and ‘it will then hardly lie in our mouth to object to the jurisdiction of ICJ’.

READ MORE: Indian spy Kulbhushan Yadav appeal time period lapses
Earlier this week, ICJ announced its judgement in Jadhav’s case ordering a stay on the execution and requesting consular access to him.

https://timesofislamabad.com/india-...icj-former-chief-justice-of-india/2017/05/20/

 

[Panzerkampf]

He was never Chief Justice of India.
Also his argument is flawed as Pakistan cannot take Kashmir to ICJ as it does not fall under ICJ jurisdiction.

 

[Chhatrapati]

He is right - You can call it fake as IoK and IoP is missing from genuine country.

Don't twist the argument he clearly mentioned Pakistan and India is one country, rather there is no 'Pakistan' at all. He see's Pakistanis are Indians same as Bangladeshis.

I didn't call Pakistan a fake country. I disagree with his views.

https://www.facebook.com/video.php?v=1292316287475581

 

[fitpOsitive]

We dont need to go to international court to solve kashmir issue. For solving kashmir issue we have take some " paople" in confidence, and thats it.

 

[oOo]

Every time Pakistan had filed a case against India in the ICJ(at least on three different occasions), India had contested ICJ's jurisdiction.

and won !!

Once India claim jurisdiction, they won again.

What gives you hope here?

As for the Kashmir dispute, USSR had repeatedly vetoed any resolutions/proceedings in the UN Security Council in late 1950s and early 60s effectively "crippling" the UN. The UN Security Council is the only body that can "enforce" ICJ decisions. So, It was pointless. But now circumstances have changed and Russia has categorically stated in 2014 that it supported the UN documents on Kashmir. Things may take a different course this time around. As the Indian Judge said, a Pandora's Box has been opened.

UN appointed panels have stated in their reports that Pak has no locus standi viz a viz Kashmir after Simla, what make you think that ICJ will not again dismiss your case if ever you bring that to them.

Or perhaps the one who matters in Pakistan already knows it. 60's were 5 decades before.

 

[third eye]

NEW DELHI: The matter of the Indian spy Kulbhushan Yadav arrested in Pakistan in the International Court of Justice has become a new bone of contention between India and Pakistan.

While entire India has been feeling happy over the judgement of the ICJ in the issue, legal minds in India are slamming the Government for taking the bilateral issue to the UN court.

Former chief justice of India has stated that the country has committed a mistake by going to International Court of Justice (ICJ) for Kulbhushan Jadhav case.

READ MORE: India sends back 50 Pakistani students after threats from extremists Shiv Sena
Ex-Indian chief justice Markandey Katju tweeted, “It was a serious mistake for India to go to ICJ on this issue, as now Pakistan can raise all kind of issues, particularly Kashmir.”

In a detailed Facebook post, the chief justice gave another perspective that Pakistan can now move UN’s judicial arm regarding the long-standing Kashmir conflict.

“Pakistan must be very happy that we went to the ICJ over a single individual’s fate, as now they can raise all kinds of issues, particularly Kashmir, in international fora, to which we had always objected till now. By going to the ICJ we may have opened up a Pandora’s box,” he wrote.

READ MORE: US intervenes to reduce Pakistan-India tensions
‘We have played into Pakistan’s hands, and given it a handle to open up many other issues. In fact, that is why it seems that Pakistan did not seriously object to the jurisdiction of ICJ,” he observed.

Katju opined that after the Kulbhushan’s case Pakistan would approach the International court of justice seeking resolution of Kashmir issue and ‘it will then hardly lie in our mouth to object to the jurisdiction of ICJ’.

READ MORE: Indian spy Kulbhushan Yadav appeal time period lapses
Earlier this week, ICJ announced its judgement in Jadhav’s case ordering a stay on the execution and requesting consular access to him.

https://timesofislamabad.com/india-...icj-former-chief-justice-of-india/2017/05/20/

Just when I was begining to think India media was the worst I find that Pak media is giving Indian media a run for their money.

Katju was never the Chief Justice of India. Times of Islamabad needs to pull up its news editor & reporters.

FYI there is already the thread on this subject

 

[M. Sarmad]

and won !!

Once India claim jurisdiction, they won again.

What gives you hope here?





UN appointed panels have stated in their reports that Pak has no locus standi viz a viz Kashmir after Simla, what make you think that ICJ will not again dismiss your case if ever you bring that to them.

Or perhaps the one who matters in Pakistan already knows it. 60's were 5 decades before.

No, not every time .... Indian arguments have been rejected more than once. Just do a little research. Or wait, I will post details for you later on using PC.


As for the UN appointed panels' (I think you are referring to International Commission of Jurists) report, it completely destroys Indian claims on Kashmir. Any Kashmiri can become a party as well, as Simla Agreement was signed between Pakistan and India only and it cannot bind Kashmiris legally, who, at the time of signing of this agreement, were entitled to right of self determination. It's not as simple and straight forward as you think it is..


B/w are you who I think you are ? Another id ?? Kaisay ho bhai ? Were you banned again ? I don't know PDF management ko kiya masla hai bhai

 

[Chhatrapati]

As for the UN appointed panels' (I think you are referring to International Commission of Jurists) report, it completely destroys Indian claims on Kashmir.

Any source to your claim?

 

[volatile]

So this is the standard of Supreme Court judges india produces...

Hi there was much more to ICJ case about monkey and to more Pakistan playing a great game . I am amazed to see your criticism

 

[M. Sarmad]

Any source to your claim?

https://defence.pk/pdf/threads/modi...-style-settlements.476312/page-6#post-9178554

 

[oOo]

No, not everyone time Indian arguments were accepted. Just do a little research. Or wait, I will post details for you later on, using PC.

Lets not dig deeper than needed, what difference it will create if you come up some solicit incidence where there have a disagreement?

The fact is you never went ICJ route over Kashmir, though you did for just an aircraft, tells much.

As for the UN appointed panels' (I think you are referring to International Commission of Jurists) report, it completely destroys Indian claims on Kashmir. Any Kashmiri can become a party as well as Simla Agreement was between Pakistan and India and it cannot bind Kashmiris legally who were entitled to the right of self determination at the time of signing of this agreement. It's not as simple and straight forward as you think it is..

What that report did is -
1- Stated that Pak has no loci standi on Kashmir. So where will pak stand as a party in ICJ?
2- Argues that Kashmiri people do have a case which can grant them a right to self determine: the acquired one. But since Kashmiri people were no party to dispute, and their will at 1947 were submitted as part of letter of accession by their ruler, they need to start a fresh case, if they can or justify.

In any of the above cases, where do pakistan stands? Apart from simply minding their own case.

 

[911]

So Pakistanis believe this to be true too

https://twitter.com/x/status/781461922596130816

https://twitter.com/x/status/840230150612504577

https://twitter.com/x/status/843909067055677441

https://twitter.com/x/status/851827508798406657