Kulbhushan Jadhav - Developments

vinuzap

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this will be shown to world and will be used to humiliate pakistan more

(Eds: Updating with fresh inputs)

New Delhi, May 9 (PTI)
The International Court of Justice today stayed the hanging of Indian national Kulbhushan Jadhav, who was sentenced to death by a Pakistani military court on charges of "spying".

The order by the Hague-based International Court of Justice (ICJ) came a day after India approached it against the death sentence handed down to Jadhav by Pakistan's Field General Court Martial last month, official sources said.

India, in its appeal to the ICJ, accused Pakistan of "egregious" violations of the Vienna Convention on Consular Relations and asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy but Pakistan claimed to have arrested him from Balochistan on March 3, 2016.

Following India's appeal, the ICJ stayed Jadhav's execution.

India, in its appeal, contended that it was not informed of Jadhav's detention until long after his arrest and that Pakistan failed to inform the accused of his rights.

It further asserted that, in violation of the Vienna Convention, the Pakistani authorities were denying India its right of consular access to Jadhav, despite repeated requests.

"Referring to 'the extreme gravity and immediacy of the threat that authorities in Pakistan will execute an Indian citizen in violation of obligations Pakistan owes to India', India urges the Court to deliver an order indicating provisional measures immediately, 'without waiting for an oral hearing'," India's appeal said.

Reacting to the development, External Affairs Minister Sushma Swaraj said, "I have spoken to the mother of Kulbhushan Jadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court."

"Mr Harish Salve, Senior Advocate is representing India before International Court of Justice in the Kulbhushan Jadhav case," she tweeted.

Jadhav, 46, was given death sentence last month by the Field General Court Martial in Pakistan, evoking a sharp reaction in India which warned Pakistan of consequences and damage to bilateral ties if the "pre-meditated murder" was carried out.

Pakistan claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was "a serving officer in the Indian Navy."

India acknowledges that Jadhav had served with the Navy but denies that he has any connection with the government.

India has also handed over to Pakistan an appeal by Jadhav's mother, initiating a process to get his conviction overturned.

The appeal on behalf of Jadhav was given to Pakistan's Foreign Secretary Tehmina Janjua by Indian High Commissioner Gautam Bambawale, who also handed over a petition by Jadhav's mother seeking the Pakistan government's intervention for his release and expressing the desire to meet him.
 

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meh
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It is common practice for any court to order a stay to maintain status quo until it is able to hear the case and make a decision. Wait until the hearing before celebrating folks.
 

WARREN SS

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It is common practice for any court to order a stay to maintain status quo until it is able to hear the case and make a decision. Wait until the hearing before celebrating folks.
Harish salve Will represent Indian Case in ICJ

And Has Edge Pakistan Denied consular excess 17 times .India accepted he was our citizen
 

AmoghaVarsha

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It is common practice for any court to order a stay to maintain status quo until it is able to hear the case and make a decision. Wait until the hearing before celebrating folks.
If there is a stay Pakistan will have to prove that Cmdr Jadhav is alive and well.Sadly that may not be possible.
 

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meh
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Harish salve Will represent Indian Case in ICJ

And Has Edge Pakistan Denied consular excess 17 times .India accepted he was our citizen
Please correct me if I'm wrong since I'm obviously not a legal expert. My understanding is that the case pertains to execution without providing consular access in violation of the Vienna convention. If India wins then what is ahead for Mr Jadhav? Can Pakistan still execute him after correcting its violation? Do they have to try him again while adhering to the convention (which will be a repeat of the earlier judgement merely prolonging the prisoner's misery)? Or is there something I'm missing?
 

vinuzap

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guy is dead in all probability and this will expose things more if required to prove jadhav is alive

general line of thinking is kulbhushan jadhav is dead long back
 

AmoghaVarsha

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guy is dead in all probability and this will expose things more if required to prove jadhav is alive

general line of thinking is kulbhushan jadhav is dead long back
Basically This.Show the world that pakistan is a rogue country.
 

ezsasa

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Please correct me if I'm wrong since I'm obviously not a legal expert. My understanding is that the case pertains to execution without providing consular access in violation of the Vienna convention. If India wins then what is ahead for Mr Jadhav? Can Pakistan still execute him after correcting its violation? Do they have to try him again while adhering to the convention (which will be a repeat of the earlier judgement merely prolonging the prisoner's misery)? Or is there something I'm missing?
If Vienna convention is followed, Jhadav should get a fair trail. Which means he will be given counsular access. If he as truly kidnapped from Iran, it will come out in the open.

All this doesn't mean he is safe.
 

Dovah

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Please correct me if I'm wrong since I'm obviously not a legal expert. My understanding is that the case pertains to execution without providing consular access in violation of the Vienna convention. If India wins then what is ahead for Mr Jadhav? Can Pakistan still execute him after correcting its violation? Do they have to try him again while adhering to the convention (which will be a repeat of the earlier judgement merely prolonging the prisoner's misery)? Or is there something I'm missing?
1. Some believe that Pakis have already executed him and the kangaroo court verdict was a facade. This verdict will then expose them on a world stage.

2. If Mr. Jadhav is still alive, then we might have bought some time to do some political maneuvering to get him out. It is a long shot, but worth a try.

3. If Mr. Jadhav is alive and Pakis execute him without a retrial totally disregarding ICJ recommendation, then they are going to have a very tough time at the UN. They will lose a lot of political capital in the process.
 

sukhish

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this will be shown to world and will be used to humiliate pakistan more

(Eds: Updating with fresh inputs)

New Delhi, May 9 (PTI)
The International Court of Justice today stayed the hanging of Indian national Kulbhushan Jadhav, who was sentenced to death by a Pakistani military court on charges of "spying".

The order by the Hague-based International Court of Justice (ICJ) came a day after India approached it against the death sentence handed down to Jadhav by Pakistan's Field General Court Martial last month, official sources said.

India, in its appeal to the ICJ, accused Pakistan of "egregious" violations of the Vienna Convention on Consular Relations and asserted that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy but Pakistan claimed to have arrested him from Balochistan on March 3, 2016.

Following India's appeal, the ICJ stayed Jadhav's execution.

India, in its appeal, contended that it was not informed of Jadhav's detention until long after his arrest and that Pakistan failed to inform the accused of his rights.

It further asserted that, in violation of the Vienna Convention, the Pakistani authorities were denying India its right of consular access to Jadhav, despite repeated requests.

"Referring to 'the extreme gravity and immediacy of the threat that authorities in Pakistan will execute an Indian citizen in violation of obligations Pakistan owes to India', India urges the Court to deliver an order indicating provisional measures immediately, 'without waiting for an oral hearing'," India's appeal said.

Reacting to the development, External Affairs Minister Sushma Swaraj said, "I have spoken to the mother of Kulbhushan Jadhav and told her about the order of President, ICJ under Art 74 Paragraph 4 of Rules of Court."

"Mr Harish Salve, Senior Advocate is representing India before International Court of Justice in the Kulbhushan Jadhav case," she tweeted.

Jadhav, 46, was given death sentence last month by the Field General Court Martial in Pakistan, evoking a sharp reaction in India which warned Pakistan of consequences and damage to bilateral ties if the "pre-meditated murder" was carried out.

Pakistan claims its security forces had arrested Jadhav from the restive Balochistan province on March 3 last year after he reportedly entered from Iran. It also claimed that he was "a serving officer in the Indian Navy."

India acknowledges that Jadhav had served with the Navy but denies that he has any connection with the government.

India has also handed over to Pakistan an appeal by Jadhav's mother, initiating a process to get his conviction overturned.

The appeal on behalf of Jadhav was given to Pakistan's Foreign Secretary Tehmina Janjua by Indian High Commissioner Gautam Bambawale, who also handed over a petition by Jadhav's mother seeking the Pakistan government's intervention for his release and expressing the desire to meet him.
not that great new for india, as pakistan will also take killings in kashmir to ICJ now, so far India foreign policy was to not let ICJ take up these kind of issues. pakis are chalak, they purposly gave sever penalty to kulbhushan yadav so that India cry in front of ICJ and once that happens pakistan will get legitimacy to take up violence happening in kashmir to the ICJ. everything is screwed up.
 

sukhish

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1. Some believe that Pakis have already executed him and the kangaroo court verdict was a facade. This verdict will then expose them on a world stage.

2. If Mr. Jadhav is still alive, then we might have bought some time to do some political maneuvering to get him out. It is a long shot, but worth a try.

3. If Mr. Jadhav is alive and Pakis execute him without a retrial totally disregarding ICJ recommendation, then they are going to have a very tough time at the UN. They will lose a lot of political capital in the process.

Mr yadav is still alive and pakistan will bring kashmir issue to the ICJ now. good luck to foreign interference in indian kashmir now. this was a trap set by them.
 

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will also take killings in kashmir to ICJ now,
1) Indian citizens in Indian territory who have picked up arms and attacked the government. India has every right to defend itself.
2) There are some Pakistani citizens as well which will open up another can of worms for them
 

Dovah

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Mr yadav is still alive and pakistan will bring kashmir issue to the ICJ now. good luck to foreign interference in indian kashmir now. this was a trap set by them.
Do you think Pakistan waits for an excuse to bring the Kashmir to the UN? Have you ever heard of a hearing where Pakistan has not brought up the Kashmir issue? Just last week they brought up the Kashmir issue in UNHRC.

I do not know what you are playing at with this defeatist appeasement like logic.
 

sukhish

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Do you think Pakistan waits for an excuse to bring the Kashmir to the UN? Have you ever heard of a hearing where Pakistan has not brought up the Kashmir issue? Just last week they brought up the Kashmir issue in UNHRC.

I do not know what you are playing at with this defeatist appeasement like logic.
but not to the ICJ ? there was time when they were trying to get kashmir problem in the ICJ, but they never moved forward full fledged. now they will. don't try to under estimate the dimension of this. pakistan has raised kashmir issue diplomatically everywhere but not to the point of going to ICJ. which means human rights violation.
 

sukhish

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but not to the ICJ ? there was time when they were trying to get kashmir problem in the ICJ, but they never moved forward full fledged. now they will. don't try to under estimate the dimension of this. pakistan has raised kashmir issue diplomatically everywhere but not to the point of going to ICJ. which means human rights violation.
and if india keep saying that its bilateral issue, with ICJ intervention it will never be bilateral. this yadav will used for lot of purposes by pakistan now. his hearing and hearing of kashmir in ICJ will go hand in hand now.
 

sukhish

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Do you think Pakistan waits for an excuse to bring the Kashmir to the UN? Have you ever heard of a hearing where Pakistan has not brought up the Kashmir issue? Just last week they brought up the Kashmir issue in UNHRC.

I do not know what you are playing at with this defeatist appeasement like logic.
lot of people do not have the ability to see the depth of Pakistans ability, I simply try to shed some light on it. i know it makes people uncomfortable.
 

Dovah

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pakistan has raised kashmir issue diplomatically everywhere but not to the point of going to ICJ. which means human rights violation.
I have no idea what you mean by this.
 

raja696

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and if india keep saying that its bilateral issue, with ICJ intervention it will never be bilateral. this yadav will used for lot of purposes by pakistan now. his hearing and hearing of kashmir in ICJ will go hand in hand now.
What kulbhushanji case has got to do with kashmir ......

BTW why are you replying to ur own post ru out of ur mind. :crazy::scared2::shock::facepalm::hat::bplease:
 

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