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The UN's top court will rule today (Thursday) on an urgent bid by India to stop Pakistan from carrying out a death sentence on one of its nationals convicted of spying.
In an emergency hearing swiftly organised on Monday, lawyers for New Delhi had urged the International Court of Justice (ICJ) to halt the execution of Kulbhushan Sudhir Jadhav.
Jadhav was arrested in Balochistan province last year and he had confessed to spying for Indian intelligence services. He was convicted by a court martial and sentenced to death.
The UN tribunal, based in The Hague, said in a statement it “will deliver its order on the request for the indication of provisional measures made by India in the Jadhav Case (India vs Pakistan), tomorrow on Thursday 18 May 2017”.
The president of the court, Ronny Abraham, will read out the decision at midday [3pm PST].
The case — a rare foray for the two nations into the international courts — has highlighted the recent sharp uptick in tensions between the two neighbourly countries.
India denied Jadhav was a spy, and on Monday accused Pakistan of “egregious violations of the Vienna convention” by denying him access to legal counsel and consular visits, and refusing to reveal the charge sheet against him.
Jadhav was “an innocent Indian national, who, incarcerated in Pakistan for more than a year on concocted charges ... has been held incommunicado... and faces imminent execution,” Indian lawyer Deepak Mittal told the tribunal on Monday.
But Pakistani representatives accused New Delhi of “political grandstanding” and told the court Jadhav “has confessed to having been sent by India to wage terror on the innocent civilians and infrastructure of Pakistan”.
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On DawnNews
Comments (86) Closed
May 18, 2017 12:31am
I hope justice will be served..
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May 18, 2017 12:53am
This is what icj is being there. Hearing cases of international spies.
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May 18, 2017 12:59am
Truth may prevail.
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May 18, 2017 01:00am
I hope Pakistan legal team provided more substantial proof than "confession video" because such evidence is not admissible in courts.
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May 18, 2017 01:10am
So no one is asking why hasn't Iran stepped in if he was truly captured on Irani soil. Thie means Iran failed to protect people in their country and an intelligence team captured Jhadhav in secrecy. If this is the case then Iran sovereignty is at stake. It also somewhat indicates that he may be sabotaged by either Iran, India, or Pakistan on the account of being a double agent or something. It could also mean that he was probably a mercenary acting on behalf of India or Iran. So many questions here and given the information present especially Jhadhav traveling under a fake name on Indian issued passport one could conclude that things do not add up regardless how you pursue this case. This makes Jadhav guilty.
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May 18, 2017 01:16am
I wonder if Pakistan government will ever take such a stand for it's national. What ever the outcome, Indian government has done it's part.
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May 18, 2017 01:36am
Here is a terrorist sent by the Indian government it self. Indians should hold their government responsible instead of going into denial mode.
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May 18, 2017 01:41am
I still cannot get over the fact that Indian lawyer refused a handshake from Pakistani lawyer who does not even work for the government. In 2017 even children have stopped doing that
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May 18, 2017 01:43am
It's gonna be against India.
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May 18, 2017 01:54am
Forget about this Jadhav - what will happen, will happen. In the end we will comply with the ICJ verdict.
Time is now to release Dr. Afridi - WH has started opening the case with us - Todays' WSJ. Sooner we do it, better we avoid more embarrassments, in the world community. Let us be brave and NOT be afraid of the clerics (hard-core) of their potential to excite the public at large.
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May 18, 2017 02:00am
Why knock at the doors of a body seeking (so called) justice to who's (Kashmir) resolution India has paid zero respect over last 70 years. This is Hypocrisy....
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May 18, 2017 02:23am
Let's see if the ICJ applies its rules consistently. In Indian shooting an unarmed Pakistan Navy plane , well within Pakistan but near Indian border, the ICJ ruled, they could not hear this case because India said it was a bilateral matter. Jadav case too is a bilateral matter.
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May 18, 2017 02:30am
Both India and Pak are behaving like Kids trying to get at each other. Each kidnapping the other's agents from Iran and Nepal. Before they make themselves fools in front of the world, they should stop this theatrics sit across the table and resolve it. Exchange of spies have been done so many times before between the super powers US and Russia. So why not India and Pak do the same before it is too late. They should not let jingoism take precedence over rational thinking. I am sick and tired of this drama.
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May 18, 2017 02:53am
Love all! Good luck everyone. May the deserving win the verdict!
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May 18, 2017 02:59am
We know it'll be thrown out the court
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May 18, 2017 05:23am
It seems to favor India
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May 18, 2017 05:50am
Let us all pray to get justice.
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May 18, 2017 06:32am
May justice win
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May 18, 2017 06:47am
Either way if India wins or loses at ICJ its a victory for India as it would now play hardball on kashmir and water issues with pakistan.
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May 18, 2017 07:03am
Question why his name was different and a Muslim name on the passport?
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May 18, 2017 07:10am
India wants to involve world when it comes to one person life on other side thousands have killed and will continue be killed in Kashmir and they don't want to involve world they have no value for human life.
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May 18, 2017 07:19am
so Final match is expected today...
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May 18, 2017 07:37am
Justice will prevail.
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May 18, 2017 08:15am
First they denied to even know Jadev, then they accepted him saying he is the son of the soil and a soldier not they are again back tracking. What a country.
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May 18, 2017 08:18am
Hanging or not its pakistans prerogative, but there was no natural justice is what india showed the world
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May 18, 2017 08:23am
Indian government reacting as if Jadhev was caught selling roses to Pakistanis as a symbol of love. ICJ's verdict will not change Pakistan's stance. He will be executed what come may.
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May 18, 2017 09:19am
along with Indian passport with fake name. If he was conducting business in Iran why he opted for fake name on passport and how Indian Government allowed it.
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May 18, 2017 09:54am
And innocent indian nationals have two passports with different name :D
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May 18, 2017 10:00am
The ICJ will recommend the case to transfer in a civilian court in Pakistan. Although he was an ex-navy, when the Pakistan captured him Jadav was a civilian. In addition, Europeans are against the death penalty any way.
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May 18, 2017 10:09am
@fas Yadav is was not sentenced because he is a spy. He was sentenced because he is a terrorist who planted bombs and killed hundreds of not thousands of people.
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May 18, 2017 10:12am
Jadhav has to be released. There is no justification to hang him. He is not a murderer, only murderers and rapists should be hanged.
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May 18, 2017 10:22am
@PakiForum ... It's seems you already know the verdict?
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May 18, 2017 10:23am
@Ali Its fake passport created by Pakistan. He was kidnapped from Iran.
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May 18, 2017 10:25am
@Zak 'because India said it was a bilateral matter. Jadav case too is a bilateral matter.'
how can an individual's rights under Vienna convention be a bilateral issue? Are we missing something, or is it just common sense?
Did India say the same while releasing 93,000 Pakistani POW that it is a bilateral issue and Geneva convention does not apply, or while allowing safe retreat to troop from Kargil posts ?
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May 18, 2017 10:25am
In the end Kulbhushan would be swapped with Colonel Habib who is by all count under RAW custody. This is how countries exchange their spies.
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May 18, 2017 10:27am
@Naveed you have asked a very relevant question.
The Indian government has hired the most expensive Indian advocate in India.
This shows how much India cares for it's citizen.
I have seen so many Pakistani accused of spying for Pakistan and getting caught. In non of the case Pakistan has ever appealed for them.
Though its true that we rarely give death sentence to them as we are a democratic country.
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May 18, 2017 10:28am
@Khwarizm Prove it
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May 18, 2017 10:34am
@KhWarizMi any proofs? apart from Confessional videos and Passport with Muslim name. Both wont stand in court as people do convert and change name, its very common in India and Confessional Video is never a proof.
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May 18, 2017 10:35am
@Princess_of_DHUMP he didn't refuse , he was just following Indian custom of " namaste"
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May 18, 2017 10:35am
@Princess_of_DHUMP He did Namastay by joining both his hands. Thats our culture.
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May 18, 2017 10:38am
@PakiForum India never denied he was Indian please better educate yourself. It was Kasab who was never accepted at Pakistani by Pakastan and they didnt even took the counsellar access as it will prove that he was Pakistani. Stop spreading rumours.
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May 18, 2017 10:44am
Pakistan said case is not under ICJ , after non acceptable proof .Why they go there to defend the death penalty if case was not under ICJ. they thought these proofs will be acceptable but once it was not acceptable they are saying it is not under ICJ.
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May 18, 2017 10:45am
@Khwarizm any proof of his involvement in killing? there arent because India or RAW dosent do that. Its a false propaganda by your government.
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May 18, 2017 10:49am
@Naveed Bitterly true.
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May 18, 2017 10:51am
@PakiForum "First they denied to even know Jadev, then they accepted him saying he is the son of the soil and a soldier not they are again back tracking. What a country."
Get your facts right India never denied he is not an Indian citizen.
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May 18, 2017 10:54am
@Ali "And innocent indian nationals have two passports with different name :D"
Have you ever seen spies travelling with passports.
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May 18, 2017 10:55am
Here everyone is saying why he had passport with other name. Passport can be made easily for anyone if govt of that country wants . you can also say that he was caught with gun. Where is the proof of involvement in any terror activity. confession is not any proof which can be made forcefully.
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May 18, 2017 10:56am
@Ayan is it enough proof to give death sentence?
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May 18, 2017 10:58am
@Khwarizm furnish evidence, detail charge sheets and made it public.
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May 18, 2017 11:01am
If win -Justice prevails
If loss - Massive corruption at ICJ
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May 18, 2017 11:02am
@flipflop the hearing was only on provisional measures, Pakistan wasted a lot of time by arguing merits, Judge Ronny Abraham clearly requested both parties not to argue merits...but Pakiatan did...India will bring Iran and German ambsssador whose interview published in India today yesterday during merit hearings if the case reaches that stage.
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May 18, 2017 11:03am
@Khwarizm prove it boy infront of ICJ who stops you.
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May 18, 2017 11:04am
@Ayan This can be answered if ICJ hears the merits of the case...the held hearing were restricted to provisional releifs only...whether ICJ has jurisdiction.
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May 18, 2017 11:09am
@Khwarizm .Total farce. Why have you not been able to produce a single evidence other than a confessional statement which is obtained under duress.
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May 18, 2017 11:12am
@KhWarizMi Had India been on a denial mode they would not have gone to ICJ with this case. Pls wake up.
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May 18, 2017 11:15am
"planted bombs and killed hundreds of not thousands of people."
Can someone stick with a figure - is it hundreds or thousands ? Why not millions ? Making him bigger than what he is and the world will feel that everyone in Pakistan are scared of one skinny looking man.
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May 18, 2017 11:17am
@Zak Please save your primary school legal opinions for your private conversations instead of public forums like this.
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May 18, 2017 11:18am
@Khwarizm "@fas Yadav is was not sentenced because he is a spy. He was sentenced because he is a terrorist who planted bombs and killed hundreds of not thousands of people."
Yes, of course, since you said it, it must be true.
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May 18, 2017 11:18am
@Princess_of_DHUMP "I still cannot get over the fact that Indian lawyer refused a handshake from Pakistani lawyer who does not even work for the government."
Namaste with both hands is India's greeting - if you do not know, don't rant nonsense.
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May 18, 2017 11:22am
@PakiForum
Can you confirm how and where he was caught till date there is no consensus on it.
Pakistan is only relying on one confessional video of Jadhav and no body knows when, where and how it was taken and such confession holds no value in front of the court.
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May 18, 2017 11:22am
For a minute Imagine India took into custody a Pak national, released a confessional video, made extensive claims (but no evidence) on his activities, conducted a behind closed door trial and judged him to be hanged.. what would the Pak response be??..anyone reply honestly?
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May 18, 2017 11:22am
Pakistan should call india to ease his sentence if india holds plebiscite in occupied Kashmir.
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May 18, 2017 11:27am
@Khwarizm - "Yadav is was not sentenced because he is a spy. He was sentenced because he is a terrorist who planted bombs and killed hundreds of not thousands of people."
Wow. If this fact is presented in ICJ, India has no chance at all. But for some reason no such thing has been presented by Pakistan government anywhere. The only so called proof they have is poorly made video.
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May 18, 2017 11:29am
@Ayan
Carrying a passport with false name but correct nationality is such a high level offense which should be punishable by death where you got this logic. Carrying false passport is no where punishable by death.
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May 18, 2017 11:32am
@Khwarizm
>He was sentenced because he is a terrorist who planted bombs and killed hundreds of not thousands of people.
They why didn't you showed all those proofs in ICJ? It was a good opportunity for you, wasn't it?
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May 18, 2017 11:41am
Once you fall in the hands of Pakistan Police or the Pakistan Army you will confess everything out of fear and torture. Isn't it true? Later on you change your statement in the Court. This happens in India also. Confession merely cannot be a solid ground or evidence for capital punishment.
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May 18, 2017 11:45am
@Indian What was he doing in Baluchistan, just came for a picnic?
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May 18, 2017 11:47am
@Princess_of_DHUMP. If you look at the video of the trial on youtube, you will see infact the Indian lawyer walks to Pak lawyer to shake hands and exchange pleasantries. The image is clearly to feed a rhetoric..Its said a picture speaks a thousand words, well not in this case.
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May 18, 2017 11:49am
Truth always wins. Jadhav will win this case. India will win this case. No proof, no document found from him.
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May 18, 2017 11:57am
@Ali don't all your PM s generals, pols have TWO passports?
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May 18, 2017 12:04pm
@KhWarizMi where are the proof my dear
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May 18, 2017 12:22pm
@Princess_of_DHUMP because he greeted him with a Namaste
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May 18, 2017 12:25pm
The indian spy will still get his due punishment set by Pakistan's top military court even if The ICJ forgives him.
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May 18, 2017 12:34pm
@Khwarizm where is the proof that he planted bombs? The confession video obtained under duress has been rejected as evidence.
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May 18, 2017 12:41pm
@INDIAN:
ICJ is not a Criminal Court.
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May 18, 2017 01:17pm
@ZAK
Agree ...but you are missing out on the main point.....India is asking only Consular Access which is denied over one dozen times.... All are aware that no one can save Kulbushan. India has said that the Government will do everything possible for Kulbushan Yadav ...!!
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May 18, 2017 01:19pm
@SArdar "I hope Pakistan legal team provided more substantial proof than "confession video" because such evidence is not admissible in courts."
There are absolutely no court-admissible evidence available
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May 18, 2017 01:28pm
@PakiForum Do u live on earth, india never denied him as indian national, it denied that he is Spy and a Serving officer as claimed by pakistan
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May 18, 2017 02:00pm
@PakiForum
India is concerned that Pak is not giving access to its citizen. That's all. Fair chance for an accused is too much to ask?
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May 18, 2017 02:04pm
@Santosh No put it proves he was a spy
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May 18, 2017 02:35pm
@Princess_of_DHUMP The Indian official greeted the Pakistani with his hands folded in Namaste. So he was not impolite. Pakistani should have either returned his Namaste or Salaam.
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May 18, 2017 02:52pm
Only provisional guidelines will be made for the case, the rest of case will continue in length for weeks, months or years probably.
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May 18, 2017 02:53pm
@ Indian friends, lets suppose if ICJ verdict came against India do you all accept it? as you are asking us to follow?
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May 18, 2017 02:54pm
He is a terrorist caught with all proofs of his terrorist activities.
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May 18, 2017 03:11pm
Yes justice should prevail.
I wonder if our Indian friends show the same expression in favor of justice ,when Indian Army is killing innocent Kashmiri Muslim, why not Justice should prevail in this case as well.
Yes Justice should be prevailed for the agents who remain actively involved in killing innocent Pakistani ppl.
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May 20, 2017 06:29am
@Indian If he was kidnapped from Iran, how the kidnapper crossed the iranian border along with Yadhav with his hands tied behind his back and blind folded?
Is that how easy it is t go in and out of Irani borders?
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