India requested ICJ for stay against Kulbhushan's sentence in Pakistan

[simple Brain]

We dare you go ahead, put your money where your mouth is!

alright, so now the game comes down upon challenging. Wait till that 60 days ends, you will witness it yourself, mark my words.
And let me remind you, ICJ has no jurisdiction over Terrorism cases caused by an individual in any Country of the world. Read the ICJ legislation book.

 

[foxf2390]

Hon. Nawaz Sharif must have given this idea to india to take this case to ICJ.

 

[The Eagle]

ICJ did not issue any stay or order to stay Kulbashan's sentence. Also, it is good that India approached ICJ that we can utilize the same for many matters that India use to avoid and exclude ICJ in its law/constitutional amendment. India currently made a request/appealed before ICJ and all in all, yet an interim stay order is awaited and not issued thus no affect against KY sentence.

 

[boxer_B]

alright, so now the game comes down upon challenging. Wait till that 60 days ends, you will witness it yourself, mark my words.
And let me remind you, ICJ has no jurisdiction over Terrorism cases caused by an individual in any Country of the world. Read the ICJ legislation book.

Don't be so sure. This case is fought by same lawyer that brought Salman Khan from clutches of jail term and singlehandedly defeated lower court verdict, media trials and people's emotions, Harish salve.

He was named the 18th most powerful person in India by India Today in 2009.
He charges a whopping 30 lakh per day.

 

[simple Brain]

Don't be so sure. This case is fought by same lawyer that brought Salman Khan from clutches of jail term and singlehandedly defeated lower court verdict, media trials and people's emotions, Harish salve.

He was named the 18th most powerful person in India by India Today in 2009.
He charges a whopping 30 lakh per day.

Dude we are talking about an ICJ not an Indian Lower Courts, you and I both know that the corruption has always stopped courts in both Indian's and Pakistan's Judges from a True verdicts. Now when you approach ICJ their are thousands of things you need to think surely will work out before you get there. As I said earlier, you need to read and understand ICJ rule book. You have taken Kulbhushan case to ICJ and that doesn't mean you will succeed in releasing him. He is a declared terrorist, and he confessed himself. Now, if ICJ intervenes successfully in a favor of a Terrorist, which is highly unlikely, than every single DAISH and ISIS terrorist will stand up and ask for a trial in an ICJ under the lights of a decision made in a favor of Kulbhushan, and this will be the end of the ICJ credibility.

 

[boxer_B]

Dude we are talking about an ICJ not an Indian Lower Courts, you and I both know that the corruption has always stopped courts in both Indian's and Pakistan's Judges from a True verdicts. Now when you approach ICJ their are thousands of things you need to think surely will work out before you get there. As I said earlier, you need to read and understand ICJ rule book. You have taken Kulbhushan case to ICJ and that doesn't mean you will succeed in releasing him. He is a declared terrorist, and he confessed himself. Now, if ICJ intervenes successfully in a favor of a Terrorist, which is highly unlikely, than every single DAISH and ISIS terrorist will stand up and ask for a trial in an ICJ under the lights of a decision made in a favor of Kulbhushan, and this will be the end of the ICJ credibility.

Terrorist declared through confession. Please go through previous pages in thread.

 

[cerberus]

ICJ did not issue any stay or order to stay Kulbashan's sentence. Also, it is good that India approached ICJ that we can utilize the same for many matters that India use to avoid and exclude ICJ in its law/constitutional amendment. India currently made a request/appealed before ICJ and all in all, yet an interim stay order is awaited and not issued thus no affect against KY sentence.

Go through the Indian FM Tweet

https://twitter.com/x/status/862013393452105733

 

[The Eagle]

Go through the Indian FM Tweet

https://twitter.com/x/status/862013393452105733

Where is the stay order of ICJ? Whatever Indian FM stated is not the proof but ICJ stay order would be treated as more credible.

 

[cerberus]

Where is the stay order of ICJ? Whatever Indian FM stated is not the proof but ICJ stay order would be treated as more credible.

That's A Indian Foreign minister you are talking About ??

In a reprieve for Indian national Kulbhushan Jadhav, the International Court of Justice (ICJ) at The Hague on Tuesday acted on India’s petition and, in effect, asked Pakistan to stay the execution ordered by a Pakistan military court. Jadhav, a retired Indian Navy officer, was arrested by Pakistan and found guilty of being a spy for India’s intelligence agencies. He was awarded the death sentence in April.

In his letter to the Pakistan government, President of the ICJ Ronny Abraham said: “In my capacity as President of the court, and exercising the powers conferred upon me under Article 74, paragraph 4 of the Rules of Court, I call upon your excellency’s government, pending the court’s decision on the request for the indication of provisional measures, to act in such a way as will enable any order the Court may make on this request to have had its appropriate effects.”

The ICJ was acting on a petition moved by India on Monday,where it accused Pakistan of “egregious violations of the Vienna Convention on Consular Relations”. In its application, India had said it was not informed of Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights.

India further argued that Pakistan was in violation of the Vienna Convention, as its authorities were denying India the right of consular access to Jadhav, despite repeated requests. Moreover, India said it learnt about Jadhav’s death sentence from a press release. India also said it had information that Kulbhushan Jadhav was kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan on March 3, 2016, and that they were notified of that arrest on March 25, 2016. India also said it sought consular access to Kulbhushan Jadhav on March 26, 2016 and repeatedly thereafter for at least 16 times.

Through the ICJ, India had sought the following reliefs:

1. Relief by way of immediate suspension of the sentence of death awarded to the accused

2. Relief by way of restitution in interregnum by declaring that the sentence of the military court arrived at, in brazen defiance of the Vienna Convention rights under Article 36, particularly Article 36[,] paragraph 1 (b), and in defiance of elementary human rights of an accused which are also to be given effect as mandated under Article 14 of the 1966 International Covenant on Civil and Political Rights, is violative of international law and the provisions of the Vienna Convention

3. Restraining Pakistan from giving effect to the sentence awarded by the military court, and directing it to take steps to annul the decision of the military court as may be available to it under the law in Pakistan

4. If Pakistan is unable to annul the decision, then this Court to declare the decision illegal being violative of international law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith.”

http://indianexpress.com/article/in...-india-navy-officer-icj-latest-order-4648934/

 

[Panther 57]

Beautifully put.

Usually confession in front of Magistrate is seen through accused which is near and dear of victim.
This may be due to regret or emotional breakdown of accused after crime.

However, there is no reason for spy to confess before Magistrate without any material evidence.
Conversely, this case should have been based on material evidence in first place rather confession.

Usually criminals confess in judicial custody but takes U turn in court. That's why LEA usually needs proof to nail the culprit.

Even Kasab's actions were recorded on video and then India asked voice samples of his handlers from Pakistan to which Pakistan refused.

could not agree more. Required evidence was produced in front of magistrate. Normally confession in front of magistrate is supported by the evidence which is produced by the person who is giving confessional statement.

 

[boxer_B]

could not agree more. Required evidence was produced in front of magistrate. Normally confession in front of magistrate is supported by the evidence which is produced by the person who is giving confessional statement.

That's the core of KY case which is missing.

 

[The Eagle]

In his letter to the Pakistan government, President of the ICJ Ronny Abraham said: “In my capacity as President of the court, and exercising the powers conferred upon me under Article 74, paragraph 4 of the Rules of Court, I call upon your excellency’s government, pending the court’s decision on the request for the indication of provisional measures, to act in such a way as will enable any order the Court may make on this request to have had its appropriate effects.”

Kindly read the highlighted part. Or would you like to elaborate in a layman words.

 

[Jackdaws]

Very clearly you need to read and understand the law. It is not as simple as you think.

It is just not a simple admission. The admission is supported by evidence

I both understand and have read the law. As a private citizen, I can't tell you where Mr. Jadhav is a spy or not - he may be or he may not be. What I can assure you is that in most countries, the "confession" of Jadhav would be inadmissible in court as evidence. If there is supporting evidence, surely it will be brought forward.

 

[SecretMission]

last time India won a case against Pakistan was by arguing the court didn’t have the jurisdiction on matters involving two Commonwealth countries.

 

[Qutb-ud-din Aybak]

Forget Kulbushan Yadhav and his case for a while. But if you don't know a thing or two about free and fair trail. Just read the following.

https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule100

(i) Right to defend oneself or to be assisted by a lawyer of one’s own choice.
(ii) Right to free legal assistance if the interests of justice so require.
(iii) Right to sufficient time and facilities to prepare the defence.
(iv) Right of the accused to communicate freely with counsel.

But a secret military court may be everything but fair. Even your parliament was caught buy surprise when the news about the sentence came out, no one in Pakistan even new that a trail was actually underway. LOL, so much so for your fair trail.

http://dailytimes.com.pk/pakistan/1...-board-on-matter-of-kulbhushan-khursheed-shah

https://www.hrw.org/news/2017/03/20/pakistan-dont-reinstate-secret-military-courts

Regarding your 7th pint, Can you please share the same certified copy of the Charge sheet which you claim to be available with your media houses here ?? If not I will have to say that you are saying nothing but a BLATANT LIE.

kalboshan was given all of them.
a lawyer, counselor and time to defend himself.
such proceedings are kept secret to save identities of personal involved in operation.
leave kalboshan issue aside ,all these so called facilities doesn't matter when a criminal accepts his crime before the judge. your man did it.