Kulbhushan Jadhav - Developments

[Tshering22]

These Pakistanis are again going to lose case at ICJ.

What will the ICJ do if the Pakistanis ignore them on one man's case?

Nothing.

They will just deny and show the middle finger.

India should start retribution.

 

[sayareakd]

What will the ICJ do if the Pakistanis ignore them on one man's case?

Nothing.

They will just deny and show the middle finger.

India should start retribution.

Let them, if Chinese Judge also give with others unanimously Judgement. They will have no option.

I am hoping for same. As its modern Jurisprudence in IL. After that Pokis will face Security Council, we will see what China would do.

 

[Enquirer]

even Pak Constitution Article 10 provide protection to "Person" which include kulbhushan.

Now the question is if thats why counselor access when not given, how Kulbhushan would appoint Counsel of his choice to defend him. Thats why its illegal sentence, even under the Pakistani law.

These Pakistanis are again going to lose case at ICJ.

Technically ICJ won't rule on Pakistan's law. They will rule on the UN treaty/clauses that Pakistan has signed on to.

It'll be interesting to see if/how India will prove the kidnapping charge. Had India/Pakistan been signatories to ICC, then they might have jurisdiction on such.

It's a complicated case nevertheless......even if India wins and gets consular access....then what? Even the Pakistani non-military courts are radicalized and under military influence.

 

[hit&run]

Meveric Harish Salve has beaten rogue nation Pakistan and its Kangaroo courts to the pulp.

:Slaute:

 

[sayareakd]

Pak Embarrassed To Disclose Charges Against Kulbhushan Jadhav, Says India

 

[Jay99]

The Hague (Netherlands): Government of India's agent Deepak Mittal, Joint Secretary, MEA greeted Pakistan's AG Anwar Mansoor Khan with a namaste instead of shaking hands, before the proceedings in Kulbhushan Jadhav case at the International Court of Justice.
He reached out to Mittal to shake his hand ,got snubbed.

Is this being broadacasted on any channels?

 

[patriots]

ANI tweeted .
30 charrrrrrrrrrrrrttttttttttttttt.

https://players.brightcove.net/1362235914001/default_default/index.html?videoId=5724208663001

Link here for live....

 

[sayareakd]

Hi all, sorry i was busy. But some good news. Not much in Pak case at ICJ, i gone through their pleadings, except for passport, no other evidence of spying, terrorism or other crimes.
Those fools were so ashamed of trial record that they didn't produce the same, as said by Harish Salva, Senior Adv.
Now they are doing to lose the case. Our Bhai would come back.

 

[sayareakd]

Btw Pakis posted so many tweets in support of their case for Kulbhushan case. But non of my tweet were posted for ICJ

 

[Wisemarko]

I think India should wait to retaliate for Pulwama till this case is over and verdict is out. Ideally India should wait till opportune moment: revenge is the dish best served cold. Hopefully, idiotic Indian media and reckless people will control themselves by supporting government till then.

 

[sayareakd]

I think India should wait to retaliate for Pulwama till this case is over and verdict is out. Ideally India should wait till opportune moment: revenge is the dish best served cold. Hopefully, idiotic Indian media and reckless people will control themselves by supporting government till then.

Wait till ICJ order.............. first get KJ back then attack.

 

[AmoghaVarsha]

Even if Pakis lose,they will not release KJ.

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[Enquirer]

@sayareakd
Interesting argument put forward by Harish Salve at ICJ.
He had alluded last year itself that the directive (to Pakistan) that they would seek from ICJ is not limited to mere consular access but it would be to release Jadhav. I wondered how he would make that link.
Harish Salve made a compelling argument on the 'evolving' nature of 'interpretation' of Vienna Convention clauses - and the linkage of due process to Human rights et al.
Not sure if ICJ will bite, but a compelling presentation nevertheless.

It's be interesting to see how the 'mighty' Queen's counsel will react. If last time is anything to go by, he'll flounder like idiot - more bluster than logic.

 

[sayareakd]

@sayareakd
Interesting argument put forward by Harish Salve at ICJ.
He had alluded last year itself that the directive (to Pakistan) that they would seek from ICJ is not limited to mere consular access but it would be to release Jadhav. I wondered how he would make that link.
Harish Salve made a compelling argument on the 'evolving' nature of 'interpretation' of Vienna Convention clauses - and the linkage of due process to Human rights et al.
Not sure if ICJ will bite, but a compelling presentation nevertheless.

It's be interesting to see how the 'mighty' Queen's counsel will react. If last time is anything to go by, he'll flounder like idiot - more bluster than logic.

We are covered. My junior lawyer is far better than that Queen's Counsel, who has prepared Pakistani case, or he is on RAW payrole.

Just imagine you are Judge of any Court and I am against conviction of person sentenced with death, but other side has not posted chargesheet, other evidence or Order based on which death sentence is awarded. They have something to hide, that's why no access to Indian officials, Lawyers of his Choice etc etc which is mere basic in any Country's law (minus Pak, as they don't have Country, its Army is the Law). Now as Judge what will you think why so much halls gulla for individual?? If they can't show to us imagine to poor guy, what he has suffered.

That's why Salva has said, not only make trial as illegal, but order Pak to release Kulbhushan, as its Army will put him in trial in some other case.
Good arguments, but if he would have followed me in Twitter, it would have made him great. :biggrin2:
As Pak amendment to its constitution was not argued by him, specially for this case and recent comments by Human rights council of Pakistan about military Courts.

 

[sayareakd]

Why should I have all the fun....

 

[Enquirer]

We are covered. My junior lawyer is far better than that Queen's Counsel, who has prepared Pakistani case, or he is on RAW payrole.

Just imagine you are Judge of any Court and I am against conviction of person sentenced with death, but other side has not posted chargesheet, other evidence or Order based on which death sentence is awarded. They have something to hide, that's why no access to Indian officials, Lawyers of his Choice etc etc which is mere basic in any Country's law (minus Pak, as they don't have Country, its Army is the Law). Now as Judge what will you think why so much halls gulla for individual?? If they can't show to us imagine to poor guy, what he has suffered.

That's why Salva has said, not only make trial as illegal, but order Pak to release Kulbhushan, as its Army will put him in trial in some other case.
Good arguments, but if he would have followed me in Twitter, it would have made him great. :biggrin2:
As Pak amendment to its constitution was not argued by him, specially for this case and recent comments by Human rights council of Pakistan about military Courts.

I went thru your tweet on your point about pakis 'constitutional amendment'.

I would beg to differ with your opinion that talking about that is a good defense!

Your argument is that Pakis did something wrong procedural wise, which is a fine point to raise if your intention is just to mock them for something that was done wrong. However, that won't help in what would happen with Jadhav.

I think Salve's argument is cunningly smart because he claims that if ICJ merely ordered a retrial (with a directive for consular access) then it would just (and inevitably) go to another military trial - which would again be as opaque as it was the last time and result in miscarriage of justice!

If Salve were to harp on the illegality of the last military trial (as you advise) then the resolution he would just be begging for a trial in a civilian court - a fat good that would do for Jadhav, given how radicalized Paki judiciary is!

If you look at a lot of other ICJ cases involving 'consular access', the court has sometimes been quite benign to even overlook the violation just because it felt satisfied with the due process (court appointed lawyers, public trial etc). So, the key was to convince ICJ that the big picture is not merely inavailability of due process but that it is inevitable that due process (as is recognized in accepted jurisprudence) would not be available to Jadhav in Paki land! As such, releasing him is the only restitution!

 

[Flame Thrower]

Wait till ICJ order.............. first get KJ back then attack.

Sirji....

I haven't gone through the official video but local news channels are saying that we might get positive judgement by mid summer...

How soon can we get judgement and Jadav to India!!??

What if we attack Pak before we could get positive judgement and they kill Jadav(making it look like accident or due to health issues) in retaliation....how does ICJ could respond to such actions!!!??

 

[Enquirer]

Sirji....

I haven't gone through the official video but local news channels are saying that we might get positive judgement by mid summer...

How soon can we get judgement and Jadav to India!!??

What if we attack Pak before we could get positive judgement and they kill Jadav(making it look like accident or due to health issues) in retaliation....how does ICJ could respond to such actions!!!??

It'll take at least 2-3 months for the final judgment to come.

Currently Jadhav's sentence is suspended by ICJ. If they kill him under any pretext, that would constitute contempt of the court - Pakis will bear the brunt of that.

But yes, if India attacks some prominent paki army HQs then they cud claim that he was housed there and India killed him. I doubt India will launch strikes on Rawalpindi etc. Hitting Jaish/Lashkar's headquarters in Bahawalput/Muridke would be a great start and then followed by few army posts/HQs on POK/LOC.

Modi is definitely in a bind - he would desperately want in hit back & he has to hit before the elections. If he doesn't hit before the elections (especially after opposition have given him a carteblanche), then there's a good chance that people will deduce Modi to be a paper tiger like all other past PMs....the election will throw out a split verdict...then there'll be a lot of horse-trading among parties and they'll pick another useless Deve Gowda!

 

[hit&run]

Pakistan is using articles published by The Quint and Karan Thapar to make a case against India.

 

[AmoghaVarsha]

Pakistan is using articles published by The Quint and Karan Thapar to make a case against India.

Lol. Which court goes by media articles? T

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