Kulbhushan Case. Who will win Pak India Battle in International Court of Justice

[pahadi]

Yadav was caught in Pakistan with a false passport, without his uniform and he himself has admitted to planning covert terrorist activities inside Pakistan. All international treaties (Geneva/Hague) don't give any quarter to spies/saboteurs and even mercenaries. Why on earth did Pakistan decide to fight the case in the ICJ? They could have outright said that he is a spy. International law doesn't apply here.
@saiyan0321

Prove it that he was caught in pakistan, I can make fake passports, is it that hard?? Rest is all BS, you have his real passport in Rawalpindi HQ or you have destroyed it?
Forging passport is no big deal.
Confession under pressure is of no use, everyone knows this...

 

[Thəorətic Muslim]

Since I was tagged, I watched both videos - with disappointment.

That's on you Uncle.

 

[Lasit Borphukan]

what jurisdiction ICJ has really in the matter? Can they overturn the conviction? Can they have the terrorist released? At best they can reprimand Pak for not giving consular access. Am I right or not? All indications point to us winning the case tho.

you are asking a very critical question though .. most of the ICJ jurisdiction are non binding to parties involved, hence Pakistan can though it out of the window. But the reason Pakistan is fighting this case is because there are international obligations and responsibilities of a nation state, and thats what they are doing.

The moment you decide not to oblige the verdict, you create a precedence for others to do the same. the next time say Pakistan come to the court say for the Indus Water Treaty, India can simply waste time on hearings and decide not to oblige tot he verdict ...

 

[Tom M]

I am stunned by professionalism by Pakistani delegate. Fail to understand why Pakistan cant become a strong country in the world.

Simple answer. BECAUSE OF THE CONDUCT.

 

[Lasit Borphukan]

How much would it have harmed our image. Even more than North Korea's?

more than the Harm to image of Pakistan, it will create a precedence of non obligation of ICJ verdict. Next time you have a favorable verdict say against India on say IWT, we can simply deny our obligation on the same ground as pakistan did

 

[Crystal-Clear]

The haram tooi and traitor has once again done his bidding for india.

https://www.facebook.com/

thank you @Tameem @Champion_Usmani

 

[khail007]

ICJ at most can declare that his rights were violated and that he should be given consular access and a civil trial with an actual defence - consular access would mean India can appoint his lawyer or even provide his lawyer.

Sir, does terrorists qualify for counsellor access?

 

[Sam.]

Sir, does terrorists qualify for counsellor access?

The presumption of innocence is the legal principle that one is considered innocent unless proven guilty. It was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who declares, not on one who denies”).

"Innocent until proven guilty" so your label "terrorist" doesn't work in court of law.

 

[Jackdaws]

Sir, does terrorists qualify for counsellor access?

The English common law on which Indian and Pak laws are based believes in the axiom "innocent until proven guilty". The onus of proving he is a terrorist is on the prosecution. And till thus proved, even the most hard core of terrorists even if caught red handed are not guilty. This was the case with Ajmal Kasab as well. He was booked on a variety of charges but those charges have to be proven and he had a proper defence

 

[khail007]

The presumption of innocence is the legal principle that one is considered innocent unless proven guilty. It was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who declares, not on one who denies”).

"Innocent until proven guilty" so your label "terrorist" doesn't work in court of law.

That is your POV, don't preach the law here. He is a proven spy/terrorist and needs to be dealt accordingly.
Your stance only reflects a personal preference. If India is so law loving country then there should not be an issue.
Could you also enlighten the forum that which court of law convicts 'Hafiz Saeed'?

The English common law on which Indian and Pak laws are based believes in the axiom "innocent until proven guilty". The onus of proving he is a terrorist is on the prosecution. And till thus proved, even the most hard core of terrorists even if caught red handed are not guilty. This was the case with Ajmal Kasab as well. He was booked on a variety of charges but those charges have to be proven and he had a proper defence

In Pakistani courts, KY accepted all his subversive activities and already proven guilty ... please add some positive material on the case and not just personal POVS.

 

[Champion_Usmani]

thank you @Tameem @Champion_Usmani

Kindly say a thanks to Imran Khan too...

Imran Khan says Pakistan Army killed innocents in Bangladesh, Balochistan & Tribal areas

 

[Umair Nawaz]

Honestly speaking. India will win it. But overall things would be same. They would just get counselor access. We will hang him anyway.
ICJ is not criminal court of appeal so Pakistan's court decision won't be changed. Even if they are changed Pakistan won't accept as it will be a decision out of ICJ juristrictions.

if india wins, let me tell u, it will be a great dent on the credibility of ISI and our efforts in WOT internationally.........it will have far far reaching consequences.

 

[untitled]

Prove it that he was caught in pakistan

Attack on PDF in the immediate aftermath of his capture is more than enough proof for me that he was caught planning terrorist activities in Pakistan and your brethren did their utmost best to hide the ugly face of Indian intelligence to the world by trying to deface this site

 

[pahadi]

Attack on PDF in the immediate aftermath of his capture is more than enough proof for me that he was caught planning terrorist activities in Pakistan and your brethren did their utmost best to hide the ugly face of India to the world by trying to deface this site

You have nothing against him, I can kidnap a pakistani and put a fake name for him on fake passport, his name will be Deepak Singh Khan and torture him and then record his confession...so yes a big LoL

 

[untitled]

against India

We owed India nothing especially since this was a clear case of espionage.
India herself refused to fight allegations against her in the Atlantic incident by invoking a 'non jurisdiction" clause in war related cases especially against counteries like Pakistan at the ICJ

....I can kidnap a pakistani and put a fake name for him on fake passport, his name will be Deepak Singh Khan and torture him and then record his confession...so yes a big LoL

I agree you guys have mastered this art