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'Pakistan made a mistake': Criticism at home over ICJ decision

Updated May 18, 2017 11:24pm

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Moazzam Ahmad Khan, head of Pakistan's delegation and ambassador to the Netherlands, makes a brief statement after hearing the World Court's verdict in The Hague, Netherlands.─AP
Moazzam Ahmad Khan, head of Pakistan's delegation and ambassador to the Netherlands, makes a brief statement after hearing the World Court's verdict in The Hague, Netherlands.─AP

The International Court of Justice has issued an order staying the execution of Indian spy Kulbushan Jadhav by Pakistan, a decision which has caused shock and disappointment in Pakistan.

Although Pakistani analysts were earlier confident that the ICJ does not have jurisdiction to stay Jadhav’s execution, today observers have said the jurisdiction argument was “weak” and “damaging”.

‘Pakistan made a mistake’

Justice (r) Shaiq Usmani told DawnNews the decision is alarming because “ICJ does not have jurisdiction”.

"It's Pakistan’s mistake to have appeared there. They shouldn't have attended. They have shot themselves in the foot.”

The retired justice said the judicial process will continue in Pakistan. “Until the ICJ gives its verdict, the judicial process will go on in Pakistan. However, he cannot be executed until the stay order is there.”

"I think 40 days [after the Field General Court Martial's order] are over and the time to appeal is over. But if they want they can accept the time. The FGCM court can extend the time if they want."

‘Pakistan was grossly unprepared’

London-based Barrister Rashid Aslam says Pakistan was ill-prepared and did not utilise the 90 minutes it had to make its argument.

“Pakistan had 90 minutes of argument time but we wasted 40 minutes,” said Aslam. He added: “I was surprised why we finished our arguments in such little time. I think Khawar Qureshi didn't consume all the time that was afforeded to him.”

“It is very clear, article 5 B of the Vienna Convention, that if a civilian is caught he is subject to human rights law. But if it is a spy, then human rights are forfieted. So I don't think we presented the case quite well.”

He added: “Pakistan had the right to set up a judge there but we didn't do that. I think Pakistan was grossly unprepared. It might be that we didn't have enough time…”

'Pakistan has a moral responsibility'

Analyst Zahid Hussain said the ICJ is not binding legally but morally.

"Usually, verdicts of ICJ are not binding but according to international laws, possess moral responsibility."

He added that it cannot be said that the verdict is in India’s favour but it can be said that the court has just ordered to overturn the implementation of execution, and has refused Pakistan’s challenge of its own jurisdiction.

'Our lawyers were inexperienced'

Former Attorney General Irfan Qadir said he is shocked by the decision.

"I think this decision is a violation of the principle of natural justice. I am shocked as to why Pakistan went there and presented their position and gave it in such a rush."

"The lawyers handling these matters had no experience. The arguments had no weight. They should have been presented in a rational manner."

He added that the proceedings are yet to take place but that the legal team needs to be better prepared "with an experienced legal team".

"We need a dedicated team for Pakistan, loyal to the country. Pakistan's jurisprudence has been ruined because of this."

'Pakistan's case was weak'

Senior PPP leader Sherry Rehman said, "We based our case on jurisdiction and it proved weak. More arguments should have been made regarding espionage."

'Consular access is the main issue’

Lawyer Feisal Naqvi said the ultimate question is about consular access.

“The question is not whether he should be hung the questions are different. The question is; whether he can get consular access,” Naqvi said.

“It is normal that ICJ has said that we feel we might have jurisdiciton, so they have asked for a stay on execution. It is their impression that they have jurisdiction. They aren't final about it. It happens quite often that the court first orders a stay, then examines the situation more closely before giving a verdict.”

'Why did Pakistan agree to the Jadhav case?'

Barrister Dr Farogh A. Nasim said Pakistan should not have conceded to ICJ's jurisdiction.

"India did not give consent to the Kashmir issue going to ICJ, then why did Pakistan give consent to the Jadhav case?"

He said that 17 years ago when Pakistan filed a case, ICJ said we do not have jurisdiction. "Today, ICJ did not accept that decision."

There is a silver lining

According to international law expert, Taimur Malik, this is a significant decision and should not be seen as being completely adverse to Pakistan's interests.

"The reasoning given by the ICJ keeps the doors open for Pakistan to take India to the ICJ on matters emanating from other international treaties," he said.

"This is important also from the perspective of the on-going issues regarding the Indus Water Treaty. Moreover, the ICJ has not given a final decision against Pakistan and it is now up to Pakistan to prepare well for the next round. Furthermore, Pakistan should now avail its right to appoint an ad hoc judge of the ICJ for this specific case."

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Comments (201) Closed



Topind May 18, 2017 04:19pm

Victory to India. Truth prevails.

Indian May 18, 2017 04:20pm

Its not about Strong or weak case...

The fact is - Truth alone triumphs...No matter how much you prepare a case...

Chaywala May 18, 2017 04:23pm

Well done... India

Surya kant May 18, 2017 04:23pm

Once it was admitted that he was a foreign national, it was obvious he should have been dealt in accordance with International Laws. Denying him consular access and summary trial was big mistakes.

salman May 18, 2017 04:24pm

Another failure of this government which bring another embarrassment despite the fact that the whole world knows Indian intervention in our land.

SLDUA May 18, 2017 04:28pm

ICJ has said firmly that it has the jurisdiction in the case. There is no hanky-panky in it.

naseem ahmad May 18, 2017 04:29pm

See what an ignorant people we are, losing in all the fields, even when we are right. Should have listened to other international lawyers before jumping on first flight to visit a foreign country. Shameful and sad.

Houlbelat May 18, 2017 04:31pm

@Topind: What victory to India? Did India accept plebiscite decision of the UN? You cannot eat your cake and have it, always. This decision of ICJ is just a bargain to have some time. Only, a good, high profile attorney was needed which was not hired. Time to do some homework.

Khan May 18, 2017 04:31pm

Pak govt. didn't take this serious enough, so all credit goes to our govt.

cyber Bhai May 18, 2017 04:33pm

Mr Sartaz aziz was right, there is no concrete evidences against mr. Jadhav.

Yeh kya ho gaya May 18, 2017 04:34pm

wasn't this expected when earlier a senior union minister had said that the evidence was inconclusive

mast May 18, 2017 04:34pm

What a U-turn by ICJ about its own jurisdiction only after 18 years... Shame Shame !

Houlbelat May 18, 2017 04:35pm

@salman: It is just a stay order, not the final verdict. Wait for its completion.

ABCD May 18, 2017 04:36pm

it was expected very clearly.

Zakir Ali Afghan May 18, 2017 04:36pm

There are many loopholes in this case 1) he was denied counselor access 2)one year after his arrest our Minister says we don't have much proof to create a dossier of his involvement 3) within a month of Minister comment the military court decides on penalty. He should have been charged in a civilian court and provided time to defend himself

This is where Pakistan case stands very weak.

Zakir hussain May 18, 2017 04:38pm

@Houlbelat What victory to India? Did India accept plebiscite decision of the UN? You cannot eat your cake and have it, always. Mate just read authentic 1947 UN resolution and especially the first condition of plebicite

Sana May 18, 2017 04:38pm

@Houlbelat you are a dumb head. Thats why you guys always get snubbed in international forum. Please read the UN resolution again.

kuNAL MAJUMDAR, GURGAON May 18, 2017 04:39pm

End of the day, the it all boiled down the competency of the lawyers from both the sides.

Amit May 18, 2017 04:40pm

@Houlbelat no but India did accept ICJ verdict on Indo Bangla dispute around year or two back.

Ismail May 18, 2017 04:41pm

Its a universal truth, "Might is Right".. so lets all Pakistanis accept the reality that India because of western interests (i.e. China, Russia, and highly profitable consumer market) is now apple of eye despite its own inhuman record with minorities including Muslims.

timetostopthis May 18, 2017 04:43pm

@Zakir Ali Afghan You are absolutely right.

Rajan May 18, 2017 04:43pm

This proved honesty and smartness of Indians . well done India .

Vasan May 18, 2017 04:43pm

Mr. Aziz failed Pakistan, in the name of national security. He did not disclose the truth to Pakistani public. He told earlier there is not strong proof, but later said awarded death penalty. Just releasing video statement is not good enough. Now it is out of hands of Pakistan. Let the international community deal with it.

Pankaj May 18, 2017 04:44pm

Satya mev Jayate

Well Done India.

Asif May 18, 2017 04:44pm

Very poor presentation of the case by Pakistan. The media and all the experts were saying Pakistan will win this case but we lost badly.

RKamat May 18, 2017 04:44pm

There is question of a victory or defeat here, as it is only a temporary order before a final one.

Indian May 18, 2017 04:45pm

@Houlbelat : Please read the resolution on plebiscite in Kashmir before giving your comments.

Sheraz May 18, 2017 04:45pm

@Zakir Ali Afghan Not your minister...Pakistan's minister.

sanjeev May 18, 2017 04:46pm

TRUTH TRIUMPHS FINALLY !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

Python May 18, 2017 04:46pm

Even if india loses the cases,it has many options for trading.

Amir Ayub May 18, 2017 04:47pm

When our lawyer was giving the argument every Pakistani tv channel was appreciating him for giving strong arguments. But just when the decision of ICJ did not come in Pakistan favour the lawyer is also coming in fire by other lawyers. No lawyers gave any comment when Khawar was giving the argument. Moreover, it would have been better for Pakistan to ask Army to send their own appointed laywer to Hague as Army took the decision and it was in better position to defend the case there.

HONEST INDIAN VIEW May 18, 2017 04:48pm

@ISMAIL FYI, The person who fought this case was a minority ,he is a practicing Christian, better don't do overaction without knowing the facts, minorities are well living in India than in any other country

Gurpreet singh May 18, 2017 04:49pm

Yes the Vienna Convention does not apply to spies but this verdict proves that the ICJ does not believe Pakistan's claim that Kulbhushan Jadhav is a spy.

half -pakistani May 18, 2017 04:49pm

until the orders every pakistani lauded the arguments of appointed attorney after ICJ orders they are blaming ?

this is exactly what is wrong with us

pakistani too May 18, 2017 04:50pm

It is not over, till it is over, seat back and relax and enjoy the ride.

KJ May 18, 2017 04:50pm

@Zakir Ali Afghan: Correct. Also, this is an interim measure. There is no reason to become hyper. Chill people. For lawyers, this is an everyday affair.

ummi May 18, 2017 04:51pm

Note that the ICJ ruled the Vienna Conventions' and ICJ's jurisdiction applies despite the 2008 bilateral agreement on consular access. That means India disavowed a bilateral agreement on whim and the ICJ let it happen. That 2008 agreement is now dead.

Now it's time for Pakistan to tear up ALL its bilateral treaties with India (including Simla Accord, the 2003 LOC/Working Boundary ceasefire agreement, and the 2008 agreement on consular access) and never make ANY bilateral dealing with India on ANY issue ever again.

Instead, Pakistan should now tell India to go into international arbitration to resolve the subject matter covered by those bilateral treatise as well as whenever ANY dispute arises between both sides in the future. It should now also reject all calls from the international community to resolve all issues by talking to India bilaterally.

Nazim Karachi May 18, 2017 04:51pm

@Topind But why he is carrying passport in the name of "Hussain" ? Please tell "truth".

A May 18, 2017 04:52pm

@Amir Ayub

Strong Civilian Government will solve most of the problems faced by Pakistan.

Nazim Karachi May 18, 2017 04:53pm

@Indian .Right !!! But why Kalbhoshan, a hindu, is carrying a passport in the name of "Hussain", a muslim ? Please tell truth.

ra May 18, 2017 04:53pm

@naseem ahmad You are right.

karwat May 18, 2017 04:53pm

The Decision is not binding to Pakistan, we should punish Kalbhusan immediately.

Iffi May 18, 2017 04:53pm

@Ismail that's it!!! It's all about size of Indian market one could digest or not!!! This world is all about money

RDX May 18, 2017 04:54pm

@Ismail There are more Muslims in India than Pakistan. Stop listening to leaders who use hate for political mileage.

VijU May 18, 2017 04:54pm

Finally I can sleep peacefully tonight.

Nazim Karachi May 18, 2017 04:54pm

@Chaywala .Yes well done, because Service card is that of Kalbhoshan, an Indian navy officer, and passport is in the name of "Hussain".

D&D May 18, 2017 04:56pm

@ummi AND including IWT also.

M Taimur May 18, 2017 04:56pm

Unfortunately we do not have Sir Zafrullah Khan today who fought for us on every front - UN to ICJ

Nazim Karachi May 18, 2017 04:56pm

@Rajan , yes. But one thing remains to be proved, why is he carrying passport in the name of "Hussain"?

m.Sethi May 18, 2017 04:56pm

@Topind ,victory in which sense.The court has just granted a stay of the execution till pending final decision of the case,not the execution of the Indian terrorist !

Mumbai man May 18, 2017 04:58pm

Every one is missing the point...its about compulsory jurisdiction of ICJ...as for Pakistans case against Jadhav...they may easily win it on merits, as they would have to be argued now.

A May 18, 2017 04:59pm

@ UMMI

Instead of all this support your PM who is keen on solving issues with neighbours through talks and at the same time wants to concentrate on business and CPEC which will truly bring progress in every way.

zulfiqar May 18, 2017 04:59pm

Now the Pakistan nation should understand; why Jindal came to Pakistan.

Raj May 18, 2017 04:59pm

@Houlbelat no..we expect Shimla agreement

Syed Naseem Ahmed May 18, 2017 05:00pm

It is not a binding decision for Pakistan . So many countries did not implemented the
judgement of ICJ why Pakistan should .

Syed Naseem Ahmed

Sri May 18, 2017 05:01pm

The lawyers and retired judges are criticizing and tearing their colleagues apart. They should concentrate on doing the right thing which is opening a dialogue with its neighbour and gaining the right ground not only morally but also by showing compassion.

usman Khan May 18, 2017 05:02pm

Punish the Terrorist, India doesnt care about ICJ why should Pakistan do.

javed wani May 18, 2017 05:03pm

i stil believe icj has no jurisdiction in the case. its own ruling of 1999 and the bilateral agreement of 2008 between the two countries is of lot worth. further politics is based on interest if they even lost the case they can still punish him. as did Unitd states in 1982 when icj ruled against it, involving two german citizens. the other cases to mention when ICJ ruling was not respected is Nacargu vs Us .

Gerry dcunha May 18, 2017 05:03pm

pakistan's biggest mistake not allowing consular access to foreign national which is against the Geneva convention. Second mistake not taking the matter in civilian court. Third mistake taking confessional statement under military personnel under duress

Simon May 18, 2017 05:03pm

@Houlbelat Interesting talk , but it seems u are ignorant of the plebiscite rules and it is Pakistan which has to abide with in the first place

SHROOMISH May 18, 2017 05:03pm

India is strong because it is right.

VINEETH May 18, 2017 05:05pm

Punish Jadhav if you must. But atleast tell the world what evidences Pakistan found against him to substantiate your claims. And no, confession is not considered an evidence in any civilized courts as they can be easily extracted from anyone under threats and torture.

The end is near May 18, 2017 05:05pm

ICJ's decision play no role because its The serious matter of Pakistan's internal security and we totally reject ICJ's absurd and biased decisions. Jadhav will be punished according to Pakistan's criminal laws and procedures. and NO external interference will be tolerated. Period.

mangoman May 18, 2017 05:07pm

Self confession, under incarceration does not count. Why is it such a difficult concept for Pakistani law experts to understand? Onus now lies with Pakistan to provide indisputable proof of his spying activities, his self confession won't do, that's clear from the interim ruling.

Sallu Bhai May 18, 2017 05:07pm

@ummi yeah, even Indus water treaty

shiro Vedna May 18, 2017 05:07pm

@Houlbelat Did you do your homework before commenting here? What's the UN resolution for plebiscite? What are the two preconditions that must be satisfied first?

Ray May 18, 2017 05:08pm

@Houlbelat Why isn't he tried in a normal civilian court and the proof is submitted? Why the hush hush? And why no counsel access? Unless the Pak Govt has something to hide in here...

saurabh May 18, 2017 05:10pm

Truth always wins.

Indian4RMBLORE May 18, 2017 05:10pm

Hats off to Indian Govt.and its people and team of lawyers. Thy gave there 100% and result we al can see.

Ali May 18, 2017 05:11pm

Alhamdulillah! Pakistan Govt has yet again proven its utter incompetence.

lost cause May 18, 2017 05:11pm

Yes it is a victory of facts

Azhar Iqbal May 18, 2017 05:12pm

"Pakistan" might have made a mistake but "The Government" didn't. In my opinion, it is going just as "planned" by "The Government". Very soon we will see Jadhav released honorably.

Shaukat Ali Khan May 18, 2017 05:12pm

Shame for the legal experts of Pakistan.

Shaukat Ali Khan May 18, 2017 05:12pm

Why did Pakistan accept ICJs jurisdiction?

Shaukat Ali Khan May 18, 2017 05:13pm

Pakistan must withdraw from further proceedings on the basis of previous decisions.

Hasmukh dave May 18, 2017 05:13pm

@Nazim Karachi put the case in civil court and allow defense, every question will be answered

timetostopthis May 18, 2017 05:14pm

@Ismail This is a court of law..not some battlefield where might is right. Here only facts matter and the facts as they stand, are in favour of India.

INDIAN May 18, 2017 05:14pm

@nazim karachi Tell me one thing and that is your Govt is saying that jadhav had two passports but we don't get consular access so how we can say he had two passports. you can say he had 10 passports .plz follow the basic rules of justice

ahmed May 18, 2017 05:15pm

Whether you like it or not. Involvement of ICJ has internationalised Pakistan-India relations. Expose Indian mala fide intentions towards Pakistan internationally. Opportunity has come knocking at our doors.

JOE BATTER May 18, 2017 05:15pm

Why did Pakistan appear at ICJ? It could have refused to accept jurisdiction of ICJ and matter would have finished there. Now it has become complicated. Cannot ignore the court order now.

Amit May 18, 2017 05:16pm

@Houlbelat pls read the un resolution on plebiscite n then comment dont make a fool out of urself in this forum

HUman being May 18, 2017 05:16pm

@Houlbelat - Know your facts. before the plebiscite( step 3 of the UN resolution ) Step one is Pakistan remove their complete presence from Kashmir. Have you done that ?? I think one do what they have to do first and then speak about what others need to do .

THS May 18, 2017 05:16pm

This is just a stay order. It is a blessing in disguise for Pakistan. Time to open other previous cases including shotdown of aeroplane, the mass human rights voilation in IH kashmir etc

Indian4RMBLORE May 18, 2017 05:17pm

I would like to ask all my Pakistanis bro.apart from hie confession video, wat more evidence u have to prove his terrorist activities.show this to whole world and expose india

pakistani too May 18, 2017 05:17pm

It is not a rocket science, to figure out the realities of this case. Which is the fundamental building block of any court around the world, let alone Pakistan?

Let us analyse, passport with falsified Muslim name, Full-length interview, which he states, that he had intended to cause mass destruction of life around Baluchistan and Karachi, Indian naval captain, the point of arrest Pakistan with no visa stamped on his Indian passport, and statements of other people involved. hhhmmm...

INDIAN_T May 18, 2017 05:17pm

@Topind Great India

BAXAR May 18, 2017 05:18pm

@Ali "Pakistan Govt has yet again proven its utter incompetence." So it is well placed to win the next elections.

neutral007 May 18, 2017 05:19pm

@Shaukat Ali Khan Bhai mere . you are right !!!

Kaushal May 18, 2017 05:20pm

Truth always wins. Our advocate Mr. Harish Salve at ICJ accepted only Rs.1 as his fee. It is honesty with patriotism.

SAEED MASOOD May 18, 2017 05:43pm

Leave everything on one side, Pakistan is a Muslim country, ICJ will never give a favorable verdict in favor of a Muslim or a Muslim country...Look at Kashmir...Just punish him.

M.SalmaN May 18, 2017 05:45pm

Incompetency by Pakistan added by biased short timing given by ICJ.. Indians had alot of time to prepare the case while there was very short time to respond ...........If we would have exchanged the parties with same case India would have again WON....

Raj May 18, 2017 05:45pm

Good job Mr. Salve . He charged one rupee to appear for Mr. Kulbhusan

Ifti May 18, 2017 05:47pm

Kulbachan should be punished as soon as,ICJ decision is not binding,only advisory.PUNISH HIM AND SET AN EXAMPLE FOR SPYING AGENTS.

shahid May 18, 2017 05:47pm

@Nazim Karachi Nobody knows if he was carrying the said passport. It was never presented for evidence at ICJ.

Truth May 18, 2017 05:47pm

It's wasn't a fair trail either. We don't have any evidence to present in ICJ. India should be given a chance to present their case so that we can show the world that we have a working Legal system

Satyameva Jayate May 18, 2017 05:47pm

Truth wins. Truth has won. Truth will always win.

Reader May 18, 2017 05:48pm

@Kaushal . Mr. Harish Salve, I salute you, and I am sure many others will do the same after reading a statement from Kaushal. But most of all a life has been saved.

shahid May 18, 2017 05:48pm

@karwat Yes it is binding. This is a human rights issue.

Himanshu May 18, 2017 05:48pm

International team of jurists have found prima-facie merit with India's arguments regarding consular access - the core of the matter. It still has to give its verdict. Hopefully Pakistan will provide access and detailed evidence against Jadhav, other than a video "confession" and a passport image.

Scp May 18, 2017 05:49pm

@Nazim Karachi Death penalty for carrying forged passport?

Subir Paul May 18, 2017 05:50pm

Justice Prevails..... Truth Win at last.

JOE BATTER May 18, 2017 05:51pm

@pakistani too : Not much evidence if you place it before a civilian court you must agree.Confessions under duress is not accepted as evidence in most civilian courts.The passport evidence would have served no purpose either. If you had found arms on him or caught co conspirators and got them to give evidence against him. Had circumstantial evidence to link him to the blasts in Balochistan. These would have made a case. One fact is clear and that is not much thought has been given to build a case. Such things should have been handled by civilian prosecutors. Sad.Total ineptitude.

Salman ahmed May 18, 2017 05:53pm

@salman Who will believe on the fairness and legitimacy of Military courts! Military courts, although formed to fill the serious lack of capacity in our judicial system but the world is not ready to buy this. We'll keep on facing entrancement until foreign policy is not made by civilian leadership. Military is fine but it can't be a replacement of civilian institutions. Military will have to limit its role in accordance to constitution

last word May 18, 2017 05:53pm

After ICJ verdict it has become crystal clear that Pakistan has to comply with international norms. Justice has been served with this decision and Pakistan must comply to provide consular access to Jadhav now and stay his execution.

debu sen May 18, 2017 05:54pm

@Zakir hussain : Please stay on the subject .

debu sen May 18, 2017 05:55pm

@Zakir Ali Afghan : The only logical reaction I read. Thanks.

shahid May 18, 2017 05:55pm

@The end is near OK., Now that you have made a decision, it will all happen, except dreams are not true. It is time to wake up.

sourav ghosh May 18, 2017 06:16pm

@salman Honestly does the world know? Because the impression is absolutely the opposite and I travel a lot

John May 18, 2017 06:19pm

Satyamev Jayate. Truth prevail.

alam May 18, 2017 06:19pm

We really sorrow and Shame in front of world. We don’t have such ability to fight for truth. See what an ignorant people we are, losing in all the fields, Should have listened to other international lawyers before jumping on first flight to visit a foreign country, it shows Pakistan Govt has yet again proven its utter incompetence. Shame for the legal experts of Pakistan, we are losing each and every filed.

Zakir hussain May 18, 2017 06:20pm

@debu sen it's reply to the statement...Read again

Name May 18, 2017 06:20pm

@ummi I am sorry sir but Pakistan already has tried this. Do u really believe that Pakistan adheres to the Shimla agreeement ? Also why this outburst only after being jolted out of slumber by the ICJ ? You could have done this and have been trying to do this for a long time. Only point which probably you don't understand is that each case is decided on its merits and not on anything else. Start thinking rationally, only then people like us can give a better future to our children

Raj May 18, 2017 06:23pm

@Ismail This is how you will have to console yourself after being humiliated in the international forum yet again.

salman May 18, 2017 06:27pm

@SLDUA I guess standards are slipping (its the era of trumps and Modis) everywhere including ICJ. They have no jurisdiction over internal working of a nation

NARADA MUNI May 18, 2017 06:28pm

@Nazim Karachi : did you see his passport personally ?.

mansha sherazi May 18, 2017 06:29pm

@alam emotions should not prevail the wisdom!!! It is easier to blame, what can you do as a bowler when empires are supporting the batsman.

salman May 18, 2017 06:29pm

@Indian Might is Right might has won and law has lost even the indians know it. .

LIfe May 18, 2017 06:30pm

Like it or not, the court ruling must be respected. Going to ICJ might be a mistake but this is history now. Make up the case and find opportunities from this loss but please be wise.

M.Mudassir Siddiqui May 18, 2017 06:33pm

Another Achievement of Mian Sb

Sarwat May 18, 2017 06:33pm

If ICJ has jurisdiction in all the countries, how come the US managed to defy its ruling in the past and managed to do as it pleased and looked out for whats best for its country's interest. Grow a back bone and do what your courts have decided.

suraj May 18, 2017 06:38pm

This matter is self defeating for pakistan as they have no proof other than confession. No court other than Pakistan accept confession as an evidence. Confession is only meant for police to collect further evidence and sequence the chain of evidence the lead to crime.

Arshad, Canada May 18, 2017 06:42pm

@Topind, This is just a stay order, what victory are you talking about? And the decisions at ICJ are not binding. The Judges did not say this guy is innocent, all they said please do not hang him yet until we check in detail. So, guys, he is not going anywhere, at best he will rot in a Pakistani jail

Harmony-1© May 18, 2017 06:42pm

Many trolls are quick to refer to plebiscite condition here without trying to understand the spirit of UN resolution that applies to both sides with sincere intentions. If you are insinuating for Pakistan to withdraw 'unilaterally first' then this is childish and wishful.

So you can just wander along and usurp the rest of Kashmir too – a peaceful part – to carry out your brutalities and genocide all over it and turn it into hell as well??? When you guarantee there is no question mark on your sincerity and there are no ulterior motives then we would do that and when you are ready for plebiscite. Noises coming out from Modi of Kashmir being “integral part” of India doesn't give us any confidence to withdraw unilaterally; does it? Far from it as there is no sincerity from his part. So, talk sense instead of repeating the mantra of 'read UN resolution'!

This is why an unconditional dialogue is required but the issue gets shoved under the rug with one ruse or the other!

Neha May 18, 2017 06:44pm

@Houlbelat Did Pakistan fulfil the conditions for plebiscite? Little knowledge is a dangerous thing.

Admiral May 18, 2017 06:45pm

@Zakir hussain you are wrong read the Un report first properly

Arshad, Canada May 18, 2017 06:47pm

@salman, Now everyone is an International Legal expert. Regardless of what Government had done, the outcome would have been the same.

NARADA MUNI May 18, 2017 06:47pm

@Kaushal : Truth always wins. Our advocate Mr. Harish Salve at ICJ accepted only Rs.1 as his fee. It is honesty with patriotism..

Also Mr Salve was born a Hindu and is now a practicing Christian. Nobody lynched him for that. An Indian Christian representing a Hindu majority!. Unity in Diversity..

krish May 18, 2017 06:50pm

Truth always Triumphs, the proverb says, it is proved again.

Sid SENSE May 18, 2017 07:04pm

@ummi BTW......Thanks for your advise :-)

Atif May 18, 2017 07:17pm

@Sana Its your Indians who need to read the resolution again. No matter which angle you read it the onus lies on India to initiate the Plebiscite related request. Have they ever asked Pakistan to withdraw forces from Pakistan side of Kashmir on the context of conducting Plebiscite? You know you won't because if Pakistan calls the bluff then you will HAVE to conduct plebiscite in Indian occupied Kashmir which you know DAMN well that you will lose!!

Atif May 18, 2017 07:19pm

@HONEST INDIAN VIEW They can't even eat beef!!

Myview May 18, 2017 07:23pm

When a human life is at stake it should never be made a political football.Everyone,please relax and make an effort to analyze the facts. Better still,leave it to the professionals to figure out and reach a conclusion based on facts and evidence.Now take a long breath.

A Pakistani May 18, 2017 07:24pm

Pathetic GOVT Policy why we agreed to go there. we have no obligation to go there. A sad sad day for Pakistan. I wont be surprised that he will end up getting a clean sheet from ICJ

Pnpuri May 18, 2017 07:26pm

ICJ Order should be taken as an opportunity by both countries to try to salvage the relation between two countries

Atif May 18, 2017 07:26pm

@Indian Why don't you man up and face Pakistan in ICJ regarding the Kashmir dispute?

Chachchilmoo May 18, 2017 07:38pm

@A Pakistani Very interesting on one side implement UN resolution, and on another side why we go to UN Court.

HAmeed May 18, 2017 07:40pm

@Sri Then must withdraw the troops from Kashmir.

polkhol May 18, 2017 07:42pm

As always our people grab any overseas opportunity to enjoy and for leisure, present our case as a side business.

skg May 18, 2017 07:42pm

@Shaukat Ali Khan Sir if you are 100% sure that Mr. Jadav is spy and he has done some thing wrong , then why don't you show the proof the court. Do you have a single proof which show Mr. Jadav was involved?

Mohammed May 18, 2017 07:47pm

@Amit We all Know India very well how they respect the ICJ its is the part of ICJ history and stop taking about the Bangla dispute which is irrelevant.

Zaffar May 18, 2017 07:48pm

Why doesn't India face Pakistan at ICJ on Kashmir question. This is the real question. Till now everyone particularly Kashmiris believe that India has no guts to face Pakistan on Kashmir question at the ICJ. PERIOD.

khan May 18, 2017 07:50pm

"India did not give consent to the Kashmir issue going to ICJ, then why did Pakistan give consent to the Jadhav case?"

He said that 17 years ago when Pakistan filed a case, ICJ said we do not have jurisdiction. "Today, ICJ did not accept that decision."

Voice of Reason May 18, 2017 07:51pm

The issue is not whether he is innocent or guilty - it is whether he received a fair trial. No fair legal system relies on confession evidence only - there is always a need for corroborating evidence. This is especially true when the recent recent UN report condemns Pakistan of the use of torture (https://www.theguardian.com/world/2017/may/13/widespread-torture-by-police-in-pakistan-condemned-by-united-nations).

Military courts are viewed by most as a less than ideal legal process. Not allowing access or a defense of the defendant's choosing or transparency etc again weakens the argument of a fair trial received.

abbas May 18, 2017 08:15pm

Dear friends, Lets assume this guy is a Indian spy but what evidence Pakistan had apart from his so called 'confession' ? and even if he was a terrorist how can you deny consular access even before was proven that he is guilty ? At least before the military court proved him guilty he should have been given consular access.

Pakistani1 May 18, 2017 08:16pm

@ Pakistanlegalteam. Please get your act together. Present the case clearly and will all facts. No emotions. Focus on the evidence and not on the propaganda coming from the other side.

Pakistani1 May 18, 2017 08:18pm

I wonder if one would find so many Pakistanis will be allowed to comment in an Indian newspaper. Shows how big hearted Pakistanis are!!

fas May 18, 2017 08:21pm

Thosr who are celebrating are to inform that icj has only stayed execution they have not said that Jadhev is not a spy. It is too early to rejoice. Wait until next hearing i am sure they will say quit the case after they realize JaDhev is a spy.

Vijay sankar May 18, 2017 08:25pm

It is childish to gloat and equally childish to despair either in victory or in perceived defeat which in fact the different sides of the same coin. what is at stake here a man's life and the bruised ego's of some very powerful people. We are more or less same people who enjoy similar food, music,cricket and other good things in life. Then why is that we are at loggerheads with each other all the time? ?All our problems can be explored and solved over a cup of tea and two, may be three samosas, either here in Delhi or In Rawalpindi.Instead we are making a spectacle of ourselves in Europe while the man on the street is going through the unrelenting grind. I wonder is the game we are playing worth the candle? On the other hand we can feed of each other's strength and make our people happy and prosperous.Are there any takers?

A patriotic national May 18, 2017 08:39pm

Salam - Law Expert Taimur Malik's voice among is commendable. Alhamdo lillah we have rational people as well among us and not just politically divided people with all negatives. I request the Higher Ups to hear Mr Malik's views to take the matter further.

Power Engineer May 18, 2017 08:57pm

@pakistani too Video confession under duress and Passport could also be fabricated those are not sufficient proof for sentencing somebody to death

Sangan May 18, 2017 08:59pm

@Houlbelat Please do the homework first. Do you think India will sit idle till you prepare!

A May 18, 2017 09:00pm

India 's Harish Salve charged only Rs 1 to argue India's case on Kulbhushan Jadhav in the International Court of Justice in The Hague. .....!!

ZEALOT May 18, 2017 09:03pm

Gov is itself not sincere,Did nawaz say anything about jadhav? NO.Sartaj Aziz was saying,Lack of evidence against Jadhav...

So WHAT LEFT FURTHER?

srini May 18, 2017 10:55pm

@SAEED MASOOD I understand your feelings!!!

flipflop May 19, 2017 12:29am

Well i don't see it as a loss as this gave Pakistan time to make a stronger case and gather all information. This stay order is just an extension to buy time to his prosecution. If he's truly guilty then Pakistan will not have any issue on presenting the proof. Every life is precious and if Pakistan is prosecuting him on accounts of hatred to make India look bad then shame on Pakistan. Considering the current information that is made public, an average person would conclude that there's definitely something wrong and Jhadhav is guilty especially on accounts of traveling on a fake ID issued in by India. If he's captured in Iran according to India then Iran sovereignty is at stake and Pakistan infiltrated Iran illegally. However, according to numerous accounts, he was captured while trying to cross into Pakistan. Right after his arrest countless terrorists in Balochistan laid down their weapons which also kind of indicates that he maybe involved in some activities in Pakistan.

PanMor May 19, 2017 12:39am

When the decision is against oneself it always looks like being victimised or descrimination. It is always good against evil and truth against lie win. So invented charges does not hold in moral ICJ.

Sher Jang Gilgit-Baltistan May 19, 2017 01:04am

It happens that in the middle of the darkness of despondency, a ray of hope starts to gleam and that is the case of Pakistan right now. Some one may ask how? The answer that would ensue is like this; right now Pakistan seems to have the upper hand in the sense that it has a longstanding claim over a territory under occupation by India i.e.J & K. Both countries have fought three major wars over the issue and countless skirmishes are perpetually taking place. Sending and arresting of spies is a link in this chain of events related to the disputed territory. Previously, ICJ asserted that it has no jurisdiction when Pakistan has taken the case there for adjudication but now in this case it is maintaining that it has the jurisdiction thereby attesting the position of Pakistan regarding the longstanding issue of Kashmir. indeed it is a silver lining and the legal experts turn the tide by taking benefit of the occasion beside invoking the jurisdiction of ICJ against India regarding J & K.

K khan May 19, 2017 01:28am

ICJ is biased towards Pakistan. They totally ignored PAK concerns. Irrespective of the fact which govt ruled in PAK , the result would have been the same

p kumar May 19, 2017 01:45am

@salman and yours in our land

Yogi Anand May 19, 2017 01:59am

@Vijay sankar:

Good thoughts! However it takes simple wisdom, humility, good 'neeyat', and goodwill from all parties.

ConcerneD May 19, 2017 02:07am

How is that when Pakistan brought up case against India on shooting down Pakistan navy's P3 Orion plane in Pakistani territory, ICJ said that they do not have jurisdiction, but now when an Indian naval officer is caught in Pakistani territory, ICJ has jurisdiction. I honestly want to know.

vorshal May 19, 2017 03:50am

@Nazim Karachi - Let him have the Consular access to get the answers to this and many other questions, yours and mine too.

Akil Akhtar May 19, 2017 04:19am

@Topind What truth....?that his fake passports were not really fake...

Dia May 19, 2017 04:23am

@Amir Ayub That's why it's important to do the right thing. Unbiased way of getting things done is the best way forward and not by illicit means!

pramod kumar mishra May 19, 2017 05:44am

@Nazim Karachi What passport you are talking about? Did you produce any passport as evidence? Even a class 8th standard can forge the images of a passport. For a split second, if I take your arguement on its face value, will you let me know which country in the world awards capital punishment for carrying a forged passport.

Helloall May 19, 2017 06:43am

Why didn't Khawar Qureshi use his remaining 50 minutes to expose India's atrocities in Kashmir, Assam, Kerala, Goa, Deccan and Gujarat? Zak would have argued better.. they should have taken him. Missed opportunity.

Ahaq May 19, 2017 06:55am

Yadav is convicted spy not a civilian

Helloall May 19, 2017 07:17am

@The end is near. "Jadhav will be punished.." Based on what evidence exactly? Share it with ICJ. Oh I know you can't because none exists. None. Try speaking truth once in life.

vvv May 19, 2017 07:20am

@Salman ahmed you are right as main taso Of army is to protect the nation . Better that legal matter should leave on civil law Specialest

Ajay May 19, 2017 07:20am

@VINEETH very true

W Shaikh May 19, 2017 07:24am

ICJ order is an injunction. The judges have asked Pakistan to stay the execution until they have a chance to review the case and make a decision. Pakistan should form a strong team of Lawyers who are experts in international law. and can articulate our position very well.

R S Chakravarti May 19, 2017 07:41am

At the ICJ, Pakistan had a much harder job than India. India wanted to ensure justice to its citizen, whereas Pakistan wanted to ensure that the same citizen of India would hang without a fair trial. Being aware of this, the ICJ judges may have been prejudiced in favour of giving natural justice to the prisoner.

Purush May 19, 2017 07:56am

@Houlbelat You are right. It is just the stay order. But do also take into your reckoning the fact that your case is based on confession given by Cdr Yadav when he was in army's custody. No well meaning court would ever take that as clinching evidence and pronounce the convict guilty.

Pr May 19, 2017 09:46am

@Nazim Karachi let's assume for a minute you have a fake indian passport, does it straight away mean you are a pakistani spy and not just that responsible for terrorism in India and there fore should not get consular access and tried by military court with out any one representing you. What sought of a process and argument is that.

PKP @ iNDIA May 19, 2017 09:50am

How can someone claim that they were not prepared, you have ordered DEATH penalty to Mr. Jadhav and saying that Pakistan was not prepared. This statement itself says that Mr. Jadhav is innocent and the death penalty was by a kangaroo court in a hasty manner without any evidence. Mr Jadhav was arrested on March 3 2016 and the ICJ hearing was in May 2017 almost more than a year and Pakistan was not having any proper evidence which they could present before ICJ except a forged video of Mr. Jadhav.

Anurag May 19, 2017 09:56am

@Sallu Bhai ha ha yes we are thinking about it.

Buddy May 19, 2017 10:01am

@naseem ahmad You are not right. OPen eyes to see that

Haseeb May 19, 2017 10:18am

@ummi ha ha.. Please do that.. we also want you to do this, By the same logic Indus water treaty will also be Null & Void.. We want U to take first action, then wait & watch...

Vikram May 19, 2017 10:39am

@Houlbelat Your comment reveals that your home work upon UN plebiscite is as neatly done as your lawyer's upon KJ's case.

Allwin Jeba May 19, 2017 10:47am

Just a fake passport doesn't prove a man is a spy or a terrorist. A "confession" video doesn't prove a man is spy.

Pakistan needs to present witnesses and physical proofs to prove that Yadav was actually involved in spying or acts of terrorism. It could have been easily done if ISI was tracking and tracing Yadav and collecting evidences like calls, contacts etc. and then make the arrest. Atleast that is how it happens in rest of the world. Or Khulbhushan was picked up from Iran and fake Passport and forced confession video was "created" How convenient Pakistan. How convenient.

Saima May 19, 2017 10:59am

I think, the decision is in Pakistan favour as it cannot execute a foreigner on any charges rather espionage. Remember Remin Davis. A small presure can twist the out come.

hary May 19, 2017 11:00am

The kind of attitude to hang people is not good for neither country. this is the time to say let bygones be bygones and both the countries should take their relationship forward by having talks.

world citizen May 19, 2017 11:02am

There is nothing wrong in ICJ judgement and people reactions at both sides of border.

We react on what we see, but with India and Pakistan, there is lot that goes on behind the closed doors - Diplomacy, hypocrisy, blame game etc etc..

All Indians are not as bad as its shown in media and social media, similarly not all Pakistanis are not terrorists (or supporters).

Kashmir is no doubt going through a troubled phase but are Kashmiris to be blamed for that..answer is absolutely no..its the Pakistani army that wants to keep flaming the issue to have upper hand and public support in Pakistan and stay relevent. ..similarly political parties in India dont want to take hard decisions and steps to fix the problem forever..as every few months it gives an opportunity to shake people sentiments from everything else to nationalism..

Hope sense prevails and the Kashmiri are given a peaceful life as they deserve..through a mix of talk and some strong measures

Sanjeev May 19, 2017 11:14am

@Houlbelat Do you know the first condition for plebiscite was for Pakistan to vacate Pak occupied Kashmir ? Pakistan did not do that. Now why you expect India will follow the second part when Pakistan has not honoured the first part ? You people are simply losers. By the way, it was Jinnah who had rejected the offer of plebiscite given by India. Read the history again before making fool of yourselves again and again.

shankar May 19, 2017 11:16am

@ummi Okay are you ready?

shankar May 19, 2017 11:19am

@Nazim Karachi Cant you understand? It is a passport planted on him by Pakistani intelligence. Even if untrue India will say that. If you have credible evidence which you have none, place it on the table. Pakistans case is very weak.

Sanjeev May 19, 2017 11:20am

@ummi : Sure, tear up all the bilateral agreements with India. Start with Indus water treaty.

Sanjeev May 19, 2017 11:27am

@ahmed The only problem is international community asks for evidence for every thing that you say. It is not Pakistani society out there to be fooled by propaganda.

Sanjeev May 19, 2017 11:31am

@Ifti Do you think Indians cannot capture Pakistanis and execute them based on their confessions only ? If confession is the only criteria your school children straying into India will also not be sent back safely, as in the past.

shankar May 19, 2017 11:36am

@HAmeed No parellel. So stop dreaming.

Pranajit May 19, 2017 11:58am

@ummi good for India. Get ready to bring water via CPEC coz IWC treaty also goes torn apart

BNJ May 19, 2017 12:11pm

@Ismail Very good point, Keep playing the victim card.

uma May 19, 2017 01:44pm

@ummi

Dont forget to include even the IWT (indus water treaty) to be scrapped along with other bilateral agreements !

skumar May 19, 2017 02:19pm

The entire case was built on one flimsyly prepared "confession" and it obviously fell flat at ICJ. so it is correct that the legal team was "unprepared" , as more time is needed to "prepare" new evidence.

Manoj sinha May 20, 2017 08:24am

Pak govt making fool to their citizens. What the proof they have shown to international community and media, it can be made by local authorities with in a day. By these proofs, they can't win international cases. By these proof, they win cases only in kangaroo court. Isn't it so simple to explain.

Alam May 20, 2017 09:18am

Why you listen to the ICJ court. You shall not have gone there. Stupid decision. India does not listen to the UN Resolution about Kashmiri. Why you listen to them. Israel does not listen to UN resolution about the Palestinian. All pressure on the Muslims. Awake up Pakistan shall apply Pakistani law. Full stop.

creativegb May 20, 2017 12:07pm

Reportedly, the Media in Pakistan is blaming the said country's legal authorities in not properly planning and handling the matter that was before the ICJ, and the Media also mentions some of the mistakes committed by them; but none has pointed out the following:- Firstly, Pakistan did not file a "caveat" in the Registry of ICJ. Secondly, it overlooked Article 102 (Clause 2) of UNO’ Charter, which reads as under: For more ... please view: https://www.linkedin.com/pulse/kulbhushan-jadhav-actions-indian-government-must-ponder-kunwar

Manu May 20, 2017 12:36pm

Torture can make a man confess to anything - 'passports' can be planted if there are no witnesses - prove the case in open court then proceed

tar May 20, 2017 04:39pm

The ICJ refused to hear Kashmir issue 17 years ago. Why do not Pakistan present this case again to remind ICJ of its jurisdictions.

Afzal majeed May 20, 2017 04:44pm

A typical overstepping of international law by icj judges

rks May 21, 2017 08:08am

All secret trials must be challenged for their very nature--bar none! What could have gone wrong in a public trial if Jadhav was guilty?