New Delhi's ICJ mistake means Pakistan will approach world court on Kashmir: Former Indian SC judge
287
Former Indian Supreme Court judge Markandey Katju has said that India's decision to approach the International Court of Justice (ICJ) in the case of Indian spy Kulbushan Jadhav is in fact "a serious mistake" on New Delhi's part.
In a Facebook post, Katju, who is also the former chairman of the Press Council of India, was of the opinion that the move had in fact created an opening for Pakistan to approach the ICJ to look at "many other issues", including the Kashmir dispute.
Voicing his concern about India's decision to approach the ICJ, Katju said the reason why Pakistan did not seriously object to the question of jurisdiction was because it may in fact benefit Islamabad on other fronts.
Examine: Jadhav’s case
"Now it is certain that Pakistan will approach the ICJ for deciding the Kashmir dispute...Pakistan must be very happy that we went to the ICJ over a single individual's fate, as now they can raise all kinds of issues, particularly Kashmir, in international fora, to which we had always objected till now. By going to the ICJ we may have opened up a Pandora's box," Katju said.
Earlier this week, the ICJ restrained Islamabad from executing convicted Indian spy Kulbushan Jadhav until a final verdict in a case before it that seeks to declare Pakistan's conviction of Jadhav "illegal".
Jadhav was arrested on March 3, 2016, through a counter-intelligence operation in Balochistan's Mashkel area for his involvement in espionage and sabotage activities against Pakistan. He was subsequently sentenced to death by a Pakistani Field General Court Martial (FGCM) in April this year. India has termed the death sentence awarded to Jadhav “an act of premeditated murder.”
Read more
On DawnNews
Comments (287) Closed
May 20, 2017 05:28pm
Point to noted. Yes, kashmir dispute should be taken to ICJ now.
Recommend
0
May 20, 2017 05:28pm
Maybe India is luring Pakistan towards taking Kashmir to ICJ. :))
Recommend
0
May 20, 2017 05:29pm
At least in this case, he is right.
Recommend
0
May 20, 2017 05:33pm
Sir Pakistan is a Sovereign Country..... AND why Pakistan, otherwise also, should not approach World Court on either Kashmir or Indus Water Treaty or any other issue ? As if that is the exclusive right of India !
Recommend
0
May 20, 2017 05:33pm
It's open for countries to approach an international court. The option is open to all countries who are signatories. Being a judge, he should know that courts are better forums to settle issues. I don't understand what is wrong with it.
Recommend
0
May 20, 2017 05:34pm
Mr Katju, you must understand that each case has its own merits and background and blindly speaking nonsense will not mean it will happen. Both countries especially India knows this and that is the reason they have gone to ICJ. Please don't think that the people running the country like India have not thought and analysed all possible permutations before taking their decision. No decision by them, especially this Govt is taken hastily.
Recommend
0
May 20, 2017 05:34pm
Pakistan should take the Kashmir issue in ICJ.
Recommend
0
May 20, 2017 05:34pm
Good to internationalise Kashmir issue like that too. We must come to its resolution to end atrocities on its people.
Recommend
0
May 20, 2017 05:35pm
Under which provision Pakistan can bring kashmir issue in ICJ when they themselves not following security Council resolution. If ICJ had jurisdiction why didn't they approach till today, who is stopping PAKISTAN
Recommend
0
May 20, 2017 05:35pm
Your honour - I don't think anyone ever thought about this in Pakistan. But thank you for giving our leaders an idea.
Recommend
0
May 20, 2017 05:36pm
Precisely my thinking , India loses more in the long run , Pakistan makes a tactical loss and may be even a tactical Gain if the ICJ admits that he is a spy etc .
Recommend
0
May 20, 2017 05:36pm
Thanks for letting us know because I am 100% sure our super intelligent PM and his cronies did not have a clue about this.
Recommend
0
May 20, 2017 05:36pm
Now it is a right time for Pakistan to bring Kasmir issue in front of the ICJ, and ask for Plebisciteon UN resolution.
Recommend
0
May 20, 2017 05:37pm
Looks like India played cards too hastily - hope no regrets.
Recommend
0
May 20, 2017 05:37pm
Thanks judge. You haev enlightened the Pakistanis with this reminder.
Recommend
0
May 20, 2017 05:38pm
There is no locus standi for Pakistan to take the Kashmir issue to ICJ.It would be another big blunder. India wants and is luring Pakistan to take the issue to ICJ. In the presence of Simla agreement and other UN resolutions, the ICJ shall reject straight away reject to entertain the case. Moreover, without the willingness of the concerned parties to the dispute the dispute can not be taken to the ICJ.
Recommend
0
May 20, 2017 05:38pm
Indian judge is very smart. He wants that Pakistan should go to International court and raise Kashmir issue and India will fight that case and win.
Recommend
0
May 20, 2017 05:40pm
I am sure Indian Govt carefully considered all such risks involved before trying to approach ICJ just for the sake of saving an Indian citizen. If Pakistan could drag India to ICJ over Kashmir, isn't it logical that it would have made every attempt for it all these years? After all, they have been leaving no stone unturned in the last few decades to internationalize the dispute, after they realized that there was no solution through war. Since Kashmir dispute does not involve Pakistani citizens, ICJ would lack jurisdiction in the matter and India would contest that whatever happens in Indian Kashmir is its own affair as J&K is part of India by Indian law.
Recommend
0
May 20, 2017 05:42pm
We hope this will open a flood gate of perfectly legitimate cases being referred to ICJ from around the world including Kashmir and Palestine.
Recommend
0
May 20, 2017 05:42pm
To all those who have suffered as a consequence of our troubled past I extend my sincere thoughts and deep sympathy. With the benefit of historical hindsight we can all see things which we would wish had been done differently or not at all.
Recommend
0
May 20, 2017 05:43pm
UN Security Council Resolution 47 dated 21st April, 1948 is very much in place. It has already laid down the principle to settle Kashmir dispute. It also stipulates that Kashmir issue will be solved bilaterally. Security council being the de facto heavyweight of the UN, it's resolution ousts the jurisdiction of the ICJ on Kashmir dispute. In fact moving the ICJ and the consequent order has put Pakistan in a tight spot. It's indeed a great diplomatic manouver
Recommend
0
May 20, 2017 05:43pm
May be he did not read the bilateral shim last agreement that is registered
Recommend
0
May 20, 2017 05:45pm
Being a pakistani I know how hard pakistani govt or army can be but when pakistan decided to goto ICJ I was surprised how easily pakistan agreed with india's decision to goto ICJ. Now I know pakistan had a different plan for indians. it's just hilarious that indian media is shouting victory while pakistan is preparing theur team on kashmir issue to head to ICJ. Lol
Recommend
0
May 20, 2017 05:47pm
If you look at this whole halla ballooo about ICJ from this perspective, it does seem that Pak government has been quite a Clever fox
Recommend
0
May 20, 2017 05:48pm
That was the whole plan ....too bad only one person in india could figured it out and that too a former judge as excepted it because bhakts are too busy celebrating their govt victory.
Recommend
0
May 20, 2017 05:48pm
The opinion of the Judge has substance.
Recommend
0
May 20, 2017 05:49pm
@Pakistan: And if Pakistan were to go to IcJ on Kashmir and win also, you think India will give up its control on Kashmir?
Recommend
0
May 20, 2017 05:49pm
I hope Pakistan will not jump on this tweet, and heed serious consideration before taking next step. Get well prepared by taking all parties into confidence and then move forward with any decision and follow that up 100%.
Recommend
0
May 20, 2017 05:51pm
Why not, Pakistan should approach ICJ for resolving J&K issue which is lingering for so long. Now Pakistan has an even stronger case because in the case of J&K dispute Pakistan has Security Council resolution, which India did not have in KUL BHOSHAN'S CASE, and even without that ICJ DECLARED THAT IT HAS JURISDICTION OVER THIS CASE. Moreover the water of the rivers, India is using as a weapon against Pakistan can now be raised with an effective argument in the World's Court of Justice forum.
Recommend
0
May 20, 2017 05:51pm
nothing surprised abt hearing from M.Kaju... recently supreme court of India fired him in some defamation matter... he is always against BJP government
Recommend
0
May 20, 2017 05:54pm
Mr Katju should read Shimla Agreement first. In this agreement, Kashmir is a bilateral issue between Pakistan and India.
Recommend
0
May 20, 2017 05:55pm
In 2017 everyone who can read wikipedia entries and has a social media account is an expert on everything. International Law, Economy, Sports, Crime, Terrorism just to name a few. Watch out this space for more expert comments
Recommend
0
May 20, 2017 05:58pm
The court can assume jurisdiction only through a special agreement between the two parties , or through a declaration by both the parties , or by the consentof all party states to the dispute. So India can deny the jurisdiction of the court
Recommend
0
May 20, 2017 06:01pm
@Santosh "Mr Katju should read Shimla Agreement first. In this agreement, Kashmir is a bilateral issue between Pakistan and India."
What the Simla Agreement recommended was that the 2 parties should resolve to settle their differences peacefully by bilateral negotiations, or by other mutually agreed means. It most certainly does not mean that the UN itself cannot intervene.
The Simla Agreement, contrary to Indian myth-making, does not replace the earlier UN resolutions. No bilateral treaty can do this, as the UN Charter, Article 103, makes clear: UN resolutions always take precedence over bilateral treaties, and can only be revoked by another UN resolution. Indeed, the very first article of the Simla Agreement affirms that the principles of the UN and its Charter shall govern relations between the two countries, a Charter that makes the implementation of UN resolutions mandatory.
Recommend
0
May 20, 2017 06:02pm
Pakistan must take Kashmir to every international forum and where ever possible, mention the Kashmir issue at the Muslim NATO conference in Riyadh tomorrow, Modi is not a statesman he will make more mistakes.
Recommend
0
May 20, 2017 06:03pm
@ISMAIL KASHMIRI I hope that you never read that resolution.
Recommend
0
May 20, 2017 06:03pm
Pakistan also can bring Hyderabad & Jonaghar issue ICJ. Buz if we follow indian logic on Kashmir then both Hyderabad & JohanaGher is a part of Pakistan.
Recommend
0
May 20, 2017 06:06pm
This case has been a blessing in disguise for Pakistan to take the Kashmir issue with ICJ
Recommend
0
May 20, 2017 06:06pm
@GAUTAM (Netherlands) yes India and Pakistan have faced off in international court for IWT many times. Every time it was in India's favour. Pakistan had been dragging India for no reason.
Recommend
0
May 20, 2017 06:06pm
Kashmir issue internationalization will cost India the occupied Kashmir and they have themselves opened the gates of flood in shape of more questions to be raised about Indian atrocities in Kashmir.
Recommend
0
May 20, 2017 06:07pm
Don't take him seriously, shimala accord will never permit this.
Recommend
0
May 20, 2017 06:07pm
@Sense failed to understand what point you are trying to prove. Other than whatever india has done is correct and whatever Pakistan will do would be wrong.
Recommend
0
May 20, 2017 06:08pm
Had there not been Simla Agreement signed by India & Pakistan, approaching ICJ could have been a possibility. Simla Agreement has insulated all such action on Kashmir once for all. Mr Katju is a judge, he must have thought about this aspect before passing judgement on ICJ's latest rulings.
Recommend
0
May 20, 2017 06:09pm
@Muhammad Riyaz all past international arbitration on IWT proved India hasn't violated on water. Pakistan had lost all cases to India so far
Recommend
0
May 20, 2017 06:10pm
@Sense nonsense would sound better with such sense!! Don't you think so?
Recommend
0
May 20, 2017 06:10pm
@Sonu your thinking is naive bro.
Recommend
0
May 20, 2017 06:11pm
Now we will certainly take kashmir in icj. Lets solve all the conflicts in icj.
Recommend
0
May 20, 2017 06:13pm
Can't see the connection. How does this case allow Pakistan to bring up the Kashmir issue in the world court? Why couldn't it be done all along? He says India objected. So why can't the continue to object?
Recommend
0
May 20, 2017 06:14pm
I don't think international court of justice has jurisdiction in territorial disputes between 2 countries.its different from invoking its jurisdiction in the matter of some individuals as in the case of Jadhav.
Recommend
0
May 20, 2017 06:15pm
well the point is , it was Pakistan that acceded to the compulsory jurisdiction of ICJ. What if India has not done the same and later on if Pakistan intends to take Kashmir issue to ICJ and India advance the argument that ICJ has no jurisdiction to entertain such a case and withdraw itself from the trial
Recommend
0
May 20, 2017 06:15pm
@Princess_of_DHUMP "In 2017 everyone who can read wikipedia entries and has a social media account is an expert on everything. International Law, Economy, Sports, Crime, Terrorism just to name a few. Watch out this space for more expert comments"
Yes, there is a lot of truth to what you say. But, speaking as someone with a background in economics and law, maybe we should also be more questioning of people who are "experts" in the fields you mention; after all, it is quite telling that on the issue in this article, expert opinion can be so diametrically opposed. And this is true of so many other fields: take economics, where the ideological ascendancy of neo-classical economics has not recovered from the 2008 crisis. Some of the most potent ideological challenges to neo-classical economics have come from sources that had earlier been dismissed as lacking in economic expertise. As a general rule, it is good to be suspicious of authority, especially in fields outside the hard sciences.
Recommend
0
May 20, 2017 06:16pm
If Pakistan was short of evidences, I bet they hadnt accept ICJ's verdict.
Pakistan's strategy makers are not fool. India has made it easier for Pakistan to show the real face of India to the entire world.
Recommend
0
May 20, 2017 06:16pm
For ICJ to hear Kashmir issue, both countries need to accept jurisdiction of ICJ. But since India has never accepted it, Pakistan's case couldn't be taken up by ICJ. Nor India will accept it in future, so Pakistan has no option but to talk bilaterally
Recommend
0
May 20, 2017 06:17pm
@Anna Wishes and dreams is what have been taught to Indians by bollywood movies.
Recommend
0
May 20, 2017 06:19pm
@Santosh: Shimla Agreement does not supersede the ICJ jurisdiction. Shimla accord or no accord, matters nothing, because even before Shimla accord there are a number of UN Resolutions passed and are not fully enforced. Shimla accord is a piece of junk and neither India nor Pakistan take it seriously.
Recommend
0
May 20, 2017 06:20pm
ofcourse bring it on.....India will win.........
Recommend
0
May 20, 2017 06:21pm
@SYED h have you also read the UN resolution ok Kashmir? If so, please state it here.
Recommend
0
May 20, 2017 06:22pm
@Sheraz "Wishes and dreams is what have been taught to Indians by bollywood movies."
Is that the reason why Indians are CEO of Microsoft and Google to name a few corporates and sends 104 satellites in a rocket?
Recommend
0
May 20, 2017 06:22pm
If kashmir is brought in ICJ, India won't appear before the court. They have every reason to do so with the backing of Shimla and Lahore agreement.
Recommend
0
May 20, 2017 06:23pm
BJP always help Pakistan.
In 1998 to conduct nuclear test and now resolution of pending Kashmir issue.
Recommend
0
May 20, 2017 06:23pm
I fully envision Indo-Pak restaurants opening in entire street around ICJ :) entire street will be smelling of spices and curry :) ICJ will now open a special branch to hear only Indo Pak disputes - even disputes about why either side lost past or present cricket matches and stories of Bollywood films etc. This special branch will be bigger than entire ICJ.
Recommend
0
May 20, 2017 06:23pm
@Faisal First let the long run happen. Let India loose and then pedict. Why imagining conclusions that may never happen.
Recommend
0
May 20, 2017 06:25pm
Pakistan should tell the ICJ that it has no jurisdiction in this case. And shouldn't attend further hearing. While the judge is instigating Pakistan to take issue of Kashmir there.
Recommend
0
May 20, 2017 06:26pm
This is a diversion. In fact even if Pakistan approaches ICJ, they may not get anything as in the past the UN has done nothing.
Recommend
0
May 20, 2017 06:31pm
Kashmir is legally part of Pakistan!! India has occupied Kashmir thats illegal and Kashmiris won't ever be with India in peace because know one forgets the past . Shame on Indian government!!
Recommend
0
May 20, 2017 06:31pm
@Taimur, "Maybe India is luring Pakistan towards taking Kashmir to ICJ."
You are a smart fella.
Recommend
0
May 20, 2017 06:31pm
Do you know Shimla agreement?
Recommend
0
May 20, 2017 06:32pm
Pakistan SHOULD go to ICJ for Plebiscite in Kashmir and Water Treaty ....!!
Recommend
0
May 20, 2017 06:34pm
@Najeeb..."Pakistan should take the Kashmir issue in ICJ."
That's a trap man. Don't trust this Katju guy. He has made some deplorable remarks about Pakistan in the past.
Recommend
0
May 20, 2017 06:34pm
well said ! govt. should raise Kashmir issue to icj and i think it is the right time to do so . Though we did not thought about it but thanks to the indian judge .
Recommend
0
May 20, 2017 06:34pm
@TbH Don't mix apple with oranges... Sending satellites to the space does not mean that you will not answer for the atrocities committed in Kashmir.
Recommend
0
May 20, 2017 06:36pm
This is the very question i had in mind whether Pakistan would now consider Kashmir dispute to ICJ.
Recommend
0
May 20, 2017 06:37pm
@Hamid Well, Let them take to ICJ and it most favorably benefit India only.
Recommend
0
May 20, 2017 06:39pm
@Sense
The aftermath of Indian currency withdrawal decision is the clearest indicator that NM govt takes some decisions in haste/secrecy without considering what you called 'All permutations'.
Recommend
0
May 20, 2017 06:42pm
Pakistan certainly was not waiting on Katju's permission to approach ICJ or was it!!?? Courts don't rule on sovereign nations division. If it was that easy there are so many other claims and struggles around the world that countries would fall to pieces.
Recommend
0
May 20, 2017 06:43pm
Pakistan has no locus tandi on Kashmir and hence cannot approach ICJ as Kashmir is an integral part of India.
Recommend
0
May 20, 2017 06:43pm
@Rohit if Kashmir could not be taken to ICJ atleast human rights violations in kashmir could be taken to ICJ. Kashmir is a bilateral issue but human rights violation is an international issue. Blinding 8000 innocent Kashmiries and killing of hundreds of thousands more is not a less violation of human then consler access to one terrorist, if really justice prevails.
Recommend
0
May 20, 2017 06:44pm
@Desi bhai "@SYED h have you also read the UN resolution ok Kashmir? If so, please state it here."
Contrary to your comment, there is not just one UN resolution on Kashmir, there are several, spanning a time period from 1948 to 1957. And yes I am very familiar with them; I am from that part of the world, and these resolutions (and the UN resolutions on Palestine) were the main part of my dissertation as a student in the UK.
I presume the angle you are taking on this matter is the one so common with other Indians, so let me just say this, and give you an Indian reference as well: regarding what the UN resolutions require, Pakistan had accepted demilitarisation preceding a plebiscite, but India reneged on proceeding forward, having realised what an exercise of the popular will would mean for it. (The Owen-Dixon plan 1950-53; for an in-depth account of this from an Indian periodical: http://www.frontline.in/static/html/fl1921/stories/20021025002508200.htm). Happy reading.
Recommend
0
May 20, 2017 06:44pm
Well, Pakistan may take the Kashmir issue to the ICJ, but it is likely that the ICJ will not reply. First, ICJ is a court based on international laws. Consular access(Vienna Convention) is a law. UN guidelines on Kashmir are a resolution, not laws. Second, the resolution is only a recommendation, which means it is not mandatory to be followed.
Recommend
0
May 20, 2017 06:44pm
Pakistan is welcome to take the Kashmir "issue" anywhere. India didn't stop you.
Recommend
0
May 20, 2017 06:45pm
The former Indian SC judge Markandey Katju is 100% right and Pakistan will nail the Indians on Kashmir.
Recommend
0
May 20, 2017 06:45pm
@MNC well said Thank you BJP.
Recommend
0
May 20, 2017 06:45pm
i dont think Pakistanis haven't think about this in last 70 years and analysed expected pros and cons.
Recommend
0
May 20, 2017 06:46pm
Kashmir is for Kashmiris and Indian occupation has to end as this will benefit Indians that roughly 20%of their budget goes waste in keeping the 700000 plus soldiers in occupied Kashmir.The only solution is referendum under international observers. This is to be done now or after 5 years but the day will come for referendum and Kashmir will be free.
Recommend
0
May 20, 2017 06:48pm
Perhaps Pakistan will not approach ICJ on Kashmir, but it will definitely approach it on Indus Water Treaty. Because India has a plan to build dam on rivers to dry out or flood Pakistan, whenever they like.
Recommend
0
May 20, 2017 06:49pm
@phantom so come on and talk. Why you always run away making lame excuses.
Recommend
0
May 20, 2017 06:49pm
@Hamid yes
Recommend
0
May 20, 2017 06:51pm
@Najeeb 100% agree
Recommend
0
May 20, 2017 06:52pm
@Kumar
So why the 'bilateral issue' mantra? Is India even serious about resolving this issue? I think not.
Recommend
0
May 20, 2017 06:53pm
now is time to Pakistan to bring, Kashmir issue to the I C J
Recommend
0
May 20, 2017 06:54pm
That is correct, but it will never happen. When Pakistan takes the case to ICJ, the first document India will produce is Instrument of Accession and case closed. Pakistan lost. ICJ does not rule on emotions but only on facts. This is not UN, it is court and that is the reason India won.
Recommend
0
May 20, 2017 06:57pm
Sorry to burst your balloon but ICJ jurisdiction is over Vienna convention and that's why it is involved. Other disputes such as Kashmir fall under the Commonwealth protocol and will not be taken up by the ICJ as Pakistan found out during the Atlantique case.
Recommend
0
May 20, 2017 06:57pm
No, nothing is going to happen to the Kashmir issue even if Pakistan goes to ICJ. India's stand will never change.
Recommend
0
May 20, 2017 07:02pm
Pakistan is not doing enough for Kashmir.Lakhs of people have died,thousands have become maimed,thousands are languishing in jails,women's were raped,thousands of children have become orphans and thousands have become blind.
Please tell me what Pakistan has done so far so as to give some relief to kashmiri people against Indian oppression.
You have got so much evidence against Indian worst human rights violation in Kashmir and still you seem helpless.
Either you are playing with Kashmiri people so as to keep india engaged or you have kept inept persons who are handling Kashmir policy.
I fear it has become money game for those who represent Kashmir cause both in Pakistan and Kashmir.
Recommend
0
May 20, 2017 07:02pm
@Zain have you even read the resolution ?I suggest you go and read the resolution first before you make a fool of yourself.
Recommend
0
May 20, 2017 07:03pm
The last thing India wants is a free and transparent plebiscite in Kashmir. This is why they keep citing different references as and when it suits their agenda. Demilitarisation, indigenous population, kasmiri pandits, change in demography are all excuses.
Indian agenda on Kashmir in the long run is clear. Maintain the status quo for now, build its economy and armed forces in the meantime, and weaken Pakistan through proxies so the latter will stop questionining Indian stance on kashmir.
Recommend
0
May 20, 2017 07:04pm
@changez khan try your level best!
Recommend
0
May 20, 2017 07:04pm
@Namo
Please enlighten us and not the usual excuses.
Recommend
0
May 20, 2017 07:05pm
@Abhi well well well ... you want to have your cake and eaten too what a wood headed logic
Recommend
0
May 20, 2017 07:06pm
@Harmony-1© And what do you think stopped Pakistan from considering this option in its decades-long attempt at internationalizing the Kashmir dispute?
Recommend
0
May 20, 2017 07:08pm
@SYED h UN has already intervened and laid out its proposal. Perhaps you read it. If not let me enlighten you. First condition is for pakistan to vacate its position on Kashmir. Second, India will minimize its forces. Third is to hold a plebecite. They need to happen sequentially.
Recommend
0
May 20, 2017 07:11pm
It also depends on the time of the day when Katju made that statement. Since those who know him also know that he is usually in a merry mood once the sun sets
Recommend
0
May 20, 2017 07:12pm
Correct me if i m wrong ,India brought Case of Consular Access not of Kulbhusan Release!!!!
If this is the case,India has NO CHANCE to win,Only thing she will get is humiliation WHICH SHE DESERVE!!!
Recommend
0
May 20, 2017 07:12pm
Mr Katju has not realised that the Indian foreign affairs with Pakistan are handled by Bollywood-style Indian media and their Bollywood inspired unseasoned politicians. They create a hype and drama about any issue related to Pakistan as Bollywood and Pakistan are two important ways to keep Indian public in delusions.
Since the Indian media created just another drama over Kalbhushan, and Indian politicians boasted that they would bring him back at whatever cost...so they did what they did. And yes, they have to pay the price of this stupid act as Pakistan is going to avail from this.
Pakistan Zindabad
Pakistan Army Paindabad
Recommend
0
May 20, 2017 07:15pm
@VINEETH - We wanted you to trigger going to ICJ. How is that as "explanation" for Kashmir option :)
Recommend
0
May 20, 2017 07:16pm
India has dug its own grave by committing ICJ Mistake. Now Pakistan will definitely approach World court on Kashmir and India will Lose Kashmir in the near future.
Recommend
0
May 20, 2017 07:17pm
India didn't have enough think tank to analyse on possibile angle
and went blindly to ICJ, is it so?
Recommend
0
May 20, 2017 07:17pm
Why are we so passionate about killing yadav. OK he is cought and convicted. We all know what he done. Hanging him will not stop India to send another spy.let him go back to his family. He was only doing what he was asked to do by his government. Instead of fighting for one individual we should try to make sure no more spies are sent in Pakistan from another country try.forgiveness is the best revenge
Recommend
0
May 20, 2017 07:18pm
Kashmir is a lost cause.
Recommend
0
May 20, 2017 07:22pm
Just a question. Was this simple idea didn't flash to any of 200 million plus heads of Pakistan.
Recommend
0
May 20, 2017 07:22pm
I am waiting for Zak's opinion on this
Recommend
0
May 20, 2017 07:24pm
@Jai Hind Indian Think Tanks use more of Bollywood than Reality Channel :)
Recommend
0
May 20, 2017 07:24pm
@Gautam yes you are right but lost cause for India. Hundreds of thousands of lives of Kashmiries will not go in vain.
Recommend
0
May 20, 2017 07:24pm
If you believe in jurisdiction of icj...
Recommend
0
May 20, 2017 07:24pm
@Visitor
So this is what the Indian govt teaches at schools that India was ready to hold plebiscite and Pakistan was not willing to pull back its forces? Interesting indeed!!
Recommend
0
May 20, 2017 07:25pm
Modi has made a big blunder. Pakistan should go to ICJ immediately on Kashmir issue.
Recommend
0
May 20, 2017 07:27pm
@Taimur ji, I am an Indian and I would agree. 'I think' Pakistan should be careful (but 'I know' it will not be). No former SC Judge would make a statement like that in India unless it is well thought out and well planned. Maybe India wants Pakistan to go to ICJ. If it does at least at this point it cannot say we don't accept jurisdiction or the order is not binding etc. Please by all means go take the issue to ICJ. Best wishes. See you in court.
Recommend
0
May 20, 2017 07:31pm
@Gautam
From a Kashmiri perspective, it does not seem all that 'lost'. Otherwise why would Indian governments are having to pour in billions and maintain that half a million plus army there to control a 'lost' cause. Despite Indian mantra of 'the whole Kashmir belongs to India', even the likes of NaMo would jump at an opportunity if Pakistan was willing to turn the current Line of control into international border. India knows that to control 'whole' Kashmir, they will need another million men in uniform which would leave the rest of their borders unprotected (unless of course they are willing to double their army).
Recommend
0
May 20, 2017 07:32pm
It is better to take Kashmir issue with ICJ. The truth shall come out and all issues resolved. It will surely benefit India.
Recommend
0
May 20, 2017 07:35pm
@SYED h Well said, brother.
Recommend
0
May 20, 2017 07:36pm
Can anyone explain me what is the kashmir problem according to kashmir resolution
Recommend
0
May 20, 2017 07:36pm
ICJ could become a two edged sword. I doubt though they can help with stopping Indian atrocities in Kashmir
Recommend
0
May 20, 2017 07:39pm
@SYED now also read the security counsel resolution to gain knowledge on who has to make the first move. In other words who is the aggressor in the Kashmir dispute.
Recommend
0
May 20, 2017 07:44pm
@venkatakrishna
Benefit India? Not if you ask millions from Kashmir, sir! Rome was the first democracy but they did not maintain their grip on all parts of their empire in a very democratic manner. India is the largest democracy, but even after 2000+ years they are using certain tactics from roman history books in order to maintain their grip on Kashmir.
Recommend
0
May 20, 2017 07:45pm
Treaties and resolutions are honored when humane beings are dealing, Modi Government is a terrorist Government killing and murdering innocent youth in Kashmir right and left, put everything on one side and go to every means to put down India. There has to be a limit to this massacre. Enough is enough, India by going to ICJ has given Pakistan a golden chance to act.
Recommend
0
May 20, 2017 07:46pm
Let us see how Pakistan will utilise/exploit Katzu's fear to their best.
Recommend
0
May 20, 2017 07:49pm
Bravo! I see no relevance in the statement of the former Indian Supreme Court judge Markandey Katju's political statement. Nothing. Period. If Pakistan wanted to go to the ICJ on any issue, they would not need this reference, they would have gone anyways.
I would like Pakistan to go to ICJ and see what happens next!
Recommend
0
May 20, 2017 07:49pm
@Mohseen
Excuses, excuses and more excuses.
And in the meantime, more Kashmiri lives are being wasted. Who cares about what a UN resolution said. It is what the people of Kashmir want. And if India was so confident of their will which they pretend about, they would not be pouring in billions to keep half a million plus army in Kashmir. Do you see such an army in Dehli, Mumbai, Haryana or anywhere else in India?
Recommend
0
May 20, 2017 07:52pm
India's position of bilateralisim in all dispute resolution standa vaporised.
Stay order is a temporary arrangement - damage to India's long held stance is permanent
Recommend
0
May 20, 2017 07:53pm
@vorshal ...Because it is not the court of Justice. Pakistan will come as a power of the future and then handle its issue by its own self...Just wait a little bit more.
Recommend
0
May 20, 2017 08:02pm
A legal expert in Pakistan already spoke on this issue and pointed out that India has already sought exception for ICJ jurisdiction on the Kashmir issue, so the Kashmir issue can never go to the ICJ. Pakistan too had this right but strangely Nawaz Sharif gave it up in March.
Recommend
0
May 20, 2017 08:02pm
so basically both sides have issues with how their teams performed at ICJ. Good.
Recommend
0
May 20, 2017 08:04pm
J and K state government has been elected by 67% of state voters. That government will answer all questions from ICJ.
Recommend
0
May 20, 2017 08:14pm
Here's another guy who wants to put the gullibles on a wild goose chase ending into falling off a cliff. Please learn to be sensible.
Recommend
0
May 20, 2017 08:15pm
@kaliraja thangamani What about bielections what was the turn out in kashmir. What about human Shields on army vehicles. Will your govt also defend it.
Recommend
0
May 20, 2017 08:20pm
@shirish Under which provision? Well India is committing murder and atrocities in Kashmir on daily basis so Pakistan can go to ICJ to restrain India from taking a heavy handed approach. Just the fact that Pakistan can take this up in ICJ should India give a heart burn.
Recommend
0
May 20, 2017 08:24pm
When Pakistan takes Kashmir issue in the international court the court would rule that it is outside their jurisdiction. This international court is no different to local courts where the more powerful party gets a decision in their favour.
Recommend
0
May 20, 2017 08:24pm
Mr. Katju is ignorant about bilateral Shimla agreement; Kashmir issue is out of ICJ jurisdiction.
Recommend
0
May 20, 2017 08:24pm
@fact The idea is to give Kashmir an international angle which Pakistan has not been able to do thus far. Once that is done it's game over for India and Indians know it.
Recommend
0
May 20, 2017 08:25pm
@Najeeb
Pakistan should take the Kashmir issue in ICJ.
Kashmir is an internal matter of India as neither Kashmir is part of Pakistan nor Kashmiris are Pakistani citizen. ICJ won't allow this case.
Recommend
0
May 20, 2017 08:26pm
@VINEETH kashmir issue is Pakistans issue and if you think that Kashmiris are not Pakistanis then we will fight the case for them with their involvement and their acceptance. You know the kashmiris will favour Pakistan in it. It's their right to form their own country and we will always help them. This is a bias from the ICJ about their decisions relating to Pakistan are always negative. If Pakistan fought for Ajmal Kasab we know ICJ would reject the case. he wasn't given consular access and all the indians were crying out loud not to give him consular access.
Recommend
0
May 20, 2017 08:27pm
If Kashmir youth want freedom, Indians will understand this. Why are they flying ISIS flags?. 1.25 billion Indians will oppose this..
Recommend
0
May 20, 2017 08:30pm
Indians are smart
Recommend
0
May 20, 2017 08:31pm
With due respect to Justice Katju, his analysis is not quite right. It is an altogether different matter to go to ICJ on a dispute involving Vienna convention to which India and Pakistan are signatories. And an altogether different matter on Kashmir which is about partition and the instrument of accession signed by Maharaja of Kashmir.
Recommend
0
May 20, 2017 08:33pm
And if the ICJ decides that Kashmir is to be decalred as an independent country, will that be acceptable to both India and Pakistan? Just curious as an independent panel while reviewing the situation impartially may consider all options on merit.
Recommend
0
May 20, 2017 08:33pm
don't agree with this justice
Recommend
0
May 20, 2017 08:41pm
India trumped by Pak over an individual.
Recommend
0
May 20, 2017 08:43pm
Sir,both these two issues are different and independent of each other.
Recommend
0
May 20, 2017 08:47pm
Kashmir can't brought in to ICJ because of Shimla pact that explicitly told in that and superceded the UN resolution in Kashmir ,
Recommend
0
May 20, 2017 08:48pm
@Hamid Yes please take Kashmir to ICJ. That will be violation of Shimla Agreement and Agra Summit Declaration,
Recommend
0
May 20, 2017 08:52pm
I guess we can say it is an "Ooopsy Desi" moment for both countries.
Recommend
0
May 20, 2017 08:56pm
@Truthishere you are running from the ground please have a heart and guts to face. Dear we have not taken issue yet just thought about it but you have started running out of the erina.
Recommend
0
May 20, 2017 08:58pm
@Skeptic wow, that'a good one...
Recommend
0
May 20, 2017 09:01pm
Yup India wants to take Pakistan to got to ICJ... Not because they can win because they feel they can settle the matter once for all.. As China won't let it settle it through UN.. And if Pakistan goes to ICJ then India can make this case public and pronounced.
Recommend
0
May 20, 2017 09:01pm
Please go to the international court of justice for Kashmir issue.
Recommend
0
May 20, 2017 09:08pm
@GAUTAM (Netherlands) Such an action would be in conflict with Simla Agreement.
Recommend
0
May 20, 2017 09:15pm
Pakistan will never win any substantial case in the World Court. India is a darling of the forces who control the World Court. Pakistani leadership and policy makers have to understand the reality of World power game. They are alone.
Recommend
0
May 20, 2017 09:26pm
@Qasim What you speak are merely ideals and wishes brother. That can't help anyone win in a court. The world doesn't run on them. Law is the keyword. If you do not have the right legal arguments in your favor you would lose in a court irrespective of whether you were morally right or not.
Recommend
0
May 20, 2017 09:28pm
Pakistan already approached ICJ many times, Once when it's Navy spy plane was shot down by India but it lost the case each time and hence tends to stay away from ICJ
Recommend
0
May 20, 2017 09:33pm
Losers want to lose more, go ahead & take it up & see for yourself who loses on that too
Recommend
0
May 20, 2017 09:37pm
But Sir, this Kashmiri Hindu Judge also should know that as per Simla agreement, Kashmir is a bilateral issue and no third party interference will be entertained which had been agreed by both.This agreement is also registered in UN. Going to ICJ is only possible, if both side agree but if one side disagree, Simla agreement will be the stumbling block to take this case to ICJ.
Recommend
0
May 20, 2017 09:37pm
Yes. Linger around Jhadev issue & take Kashmir to ICJ. If they say it's bilateral, we would say so was Jhadev. If they decide in our favour, we make implementation of both judgments to coincide
Recommend
0
May 20, 2017 09:42pm
@Taimur India has been running away from a neutral avenue for KAshmir issue for years now. Pak has been requesting ICJ #freekashmir
Recommend
0
May 20, 2017 09:52pm
Then the final decision has to be in favor of PAK otherwise India has the case that pak didnt respect the ICJ...why bring Kashmir
Recommend
0
May 20, 2017 09:53pm
Who stopping to go
Recommend
0
May 20, 2017 10:00pm
He speak non sense once he criticised SC of india and later he apologizes for same.....no one take him seriously except pakistan....He is attention seeker wanted to remain in limelight ....Last 70 yrs pakistan is unaware about ICJ...now he has opened paks eyes...
Recommend
0
May 20, 2017 10:10pm
Don't believe the international court can rule on anything that unspecific. It may be worth a try, but Pakistan has been outmaneuvered.
Recommend
0
May 20, 2017 10:14pm
Under Shimla agreement it can't be taken to ICJ.
Recommend
0
May 20, 2017 10:15pm
First Pakistan should agree with ICJ verdict.
Recommend
0
May 20, 2017 10:18pm
@ga hahaha you are right brother.
Recommend
0
May 20, 2017 10:21pm
India also want that Pakistan approach to ICJ on Kashmir. But for this Pakistan should accept ICJ verdict on Jadhav. If Pakistan not agree then forget Indus water treaty, Kashmir. So its win win situation for India
Recommend
0
May 20, 2017 10:25pm
i hope pak takes kashmir to icj so that pak will eventually understand y UN resolutions will nver b implemented-- 4 point formula is d way forward
Recommend
0
May 20, 2017 10:25pm
One Indian judge, only one Indian judge appears to be intelligent.
Recommend
0
May 20, 2017 10:30pm
Where UNO is losing its efficacy forum like ICJ should emerge to be Robust enough to settle disputes between the nations.
Recommend
0
May 20, 2017 10:39pm
India got trapped into it own adventurism. Arrogance is bad, Congress is shrewd this cocky BJP is going to bring lot of problems, this is just a beginning.
Recommend
0
May 20, 2017 10:40pm
@Jawad What if it is other way around??
Recommend
0
May 20, 2017 10:44pm
Great insight sir. Lately we have saw Indians declaring victory parading beating their drums but we should not let them go home as show starts now.
India has opened a hornet's nest and now Pakistan will drag them in ICJ on every thin g any thing starting with terrorism (through Kulbushan Yadhav ), IWT all the way to Kashmir.Good job India !!
Recommend
0
May 20, 2017 10:52pm
@Najeeb I agree
Recommend
0
May 20, 2017 10:54pm
@Zain true. Must be done at the earliest
Recommend
0
May 20, 2017 10:55pm
@Atif wasay
I appreciate your gesture
Spies should not be hanged/killed.However if Pakistan has evidence about his involvement in killing people,show them to the world and take the necessary action.
Recommend
0
May 20, 2017 10:57pm
@PakistanI i only hope that you are correct. Atleast they have some brains.
Recommend
0
May 20, 2017 11:10pm
@shirish; Are you joking --"who is stopping--" . It is our double game and face -or may be triple face - one is civilian, 2nd one our might arm forces and third main one is our clerics.
Make some meaningful comments please and NO sarcasm.
Recommend
0
May 20, 2017 11:13pm
Good and valid point
Recommend
0
May 20, 2017 11:13pm
Let alone Kashmir, Person is more important
Recommend
0
May 20, 2017 11:16pm
India is full of these kind of persons. he is giving idea.
Recommend
0
May 20, 2017 11:24pm
Pakistanis are happy banking on Mr. Katju's statement. Be happy!!!!
Recommend
0
May 20, 2017 11:25pm
Looking forward to take Kashmir dispute to ICJ and lets see India coming up with an excuse to save face, it will be otherwise for a fact.
Recommend
0
May 20, 2017 11:30pm
But this will require courage on part of Pakistan which we don't have.
Recommend
0
May 20, 2017 11:35pm
He is loudmouth, attention seeker.
Recommend
0
May 20, 2017 11:43pm
@Taimur Oh please do! We want the Kashmiris to do whatever they please. If they want to be independent then they should be.
Recommend
0
May 20, 2017 11:45pm
Reading the comments here, people seem to be surprised as if this is a new possibility. Was it not very obvious? ICJ has existed from 1945 before Pakistan's creation and I am sure at least one out of so many governments (military/civilian) would have thought about this. But Pakistan governments seem to know something better than its subjects, that they would not have a strong case in ICJ, hence the hesitation.
Recommend
0
May 20, 2017 11:45pm
That option is always open to all signatories, it is for the ICJ to decide whether or not it has jurisdiction in that matter.
Recommend
0
May 20, 2017 11:46pm
Pakistan is most welcome to take the Kashmir case with regards to UN resolutions of 1948 to "each and every forum" possible.
Since this "each and every forum" will have people who have *actually* read the UN resolution, Pakistan will be asked about the first necessary condition required, and the truth will proliferate much more. All the better!
It is Pakistan that will lose.
Recommend
0
May 20, 2017 11:48pm
Even this will be nightmare for Indian Muslims
Recommend
0
May 20, 2017 11:48pm
@Mirza Baig No body thought that Pakistan can come to be in existence but here we are the nation called Great Britain was instrumental in the creation of a country which has changed the face of the Muslim World
Recommend
0
May 20, 2017 11:52pm
@Muhammad Riyaz Interesting comment. I am thinking of what other agreements/treaties each nation will feel is junk. Pakistanis, I presume, will start with Simla agreement and Indians, I am afraid, will start with the Indus Water treaty. Not a pleasant competition, I suppose.
Recommend
0
May 20, 2017 11:53pm
Rest assured Pakistan leaders priorities are on a totally different tangent.
Recommend
0
May 20, 2017 11:53pm
@JKhan What is your argument?
Recommend
0
May 20, 2017 11:55pm
Ok, now they are realising , third party involvement. Shooting of unarmed pakistani navy plane in pakistan airspace and kashmir dispute are now a must. This should be done concomitently so that if ICJ hears one but rejects the other, their bias will be exposed but if they act fairly than kashmir will be ruled upon on basis of UN resolutions. A golden opportunity, don't miss it.
Recommend
0
May 20, 2017 11:56pm
@Taimur we should take it, because it will bring finalization to the conflict. ICJ cannot ignore the pakistani flags flying in IOK, the freedom fight in IOK and peace , harmony in AJK.
Recommend
0
May 21, 2017 12:01am
@Harmony-1© So if you only want India to start, you will always be behind like in last 6 decades. Kashmir is altogether a different case and ICJ will throw out the case at very first hearing.
Recommend
0
May 21, 2017 12:03am
ICJ is a politicized forum a chapter of the UN,which everyone know is even not a free and independent organization.Rather it work under the influence of the super power which funds it !
As a test case instead of Kashmir,I would suggest Pakistan should first try out IWT dispute and see the result,whether they favor them or not !
Recommend
0
May 21, 2017 12:06am
@lafanga First get even a single ruling in your favour in this case and than talk of future plans.
Recommend
0
May 21, 2017 12:08am
@SYED h Then why it was not implemented? Are there any steps in that resolution? What is the first step? Who to implement the first step? Who the hail is responsible for not implementing the first step?
Recommend
0
May 21, 2017 12:16am
I am glad that there are issues which excite Pakistanis nowadays more than CPEC. Mr.M.Kartju is the only intelligent man on either side in the last 70years, to show the way. Brothers, please appoint him as your lawyer.
Recommend
0
May 21, 2017 12:54am
@Purush that angle is also good for Pakistan About "partition and the instrument of accession signed by Maharaja of Kashmir." Its people of Kashmir and their choice of freedom not an accession signed by a maharaja.
Recommend
0
May 21, 2017 01:06am
There people who write against but they support the opponent.
Certainly we will go to International Court of Justic.This is our right & India will face it
Each & every innocent who was mytered, fighting for the cause of Kashmir & Kashmiris.
There will be a way out of for freedom.
Recommend
0
May 21, 2017 01:06am
What if Pakistan looses the Kashmir case also on the grounds of Simla Accord?
Recommend
0
May 21, 2017 01:08am
@Sense To call SCJ's opinion "nonsense" is a contempt to Law and Justice
Recommend
0
May 21, 2017 01:22am
InshAllah
Recommend
0
May 21, 2017 01:22am
Yes and what wrong with that reaching out to the ICJ for other outstanding issues between the two?
Recommend
0
May 21, 2017 01:37am
@Ayub The Simla agreement or any treaties have no effect when case is tried under the jurisdiction of International Court of Crimnal Justice for state sponsored genocide in the disputed Jummu & Kashmir. Yes Pakistan should not approach ICJ but rather move The International Court of Crimnal Justice at The Haig. The UN Security must act to send UN Peace Keeping force and declare J&K a DMZ zone. The cases of war crime will be filed by each and every Kashmiri to seek telief and justice under the competent crimnal jurisdiction. In this case there will be no provision to rase Simla accord.
Recommend
0
May 21, 2017 01:49am
@Sonu seemd all clever people are residing only in india. but not this time.
Recommend
0
May 21, 2017 01:54am
@Najeeb And end up with similar fate.
Recommend
0
May 21, 2017 02:11am
Yes India is playing double game here
Recommend
0
May 21, 2017 02:24am
@Mirza Baig, but they never the accept the reality!
Recommend
0
May 21, 2017 02:30am
I think Pak should not go to ICJ and its a very smart tweet Mr Katju but PAK can do as it likes
I think of atleast 5 big reasons , if PAK goes to ICJ then there will be innumerable consequence including CPEC.
LOL Indians r so smart.
Recommend
0
May 21, 2017 03:08am
If Pakistan takes the Kashmir issue to ICJ just because India took the Jadhav issue, it would mean you just follow what others do and don't have your own policy in place.
Recommend
0
May 21, 2017 03:28am
There is really no point in going into ICJ on Kashmir issue. Neither Pakistan nor India will let go what they have. Make the LoC a permanent border and move on. In the last 75-85 years, due to WW1, formation of Soviet Union and WW2, the borders of Ukraine, Poland, Germany, Romania, Moldova, Czech Republic, Slovakia has been drawn and redrawn again. The Europeans have moved on so shall we. On the Indus Water Treaty, let Mr Modi violate it first and then we can think what can we do.
Recommend
0
May 21, 2017 03:48am
@Taimur agreed with you. May be this is the best way to go ahead.
Recommend
0
May 21, 2017 03:50am
Nobody in India takes him seriously.
Recommend
0
May 21, 2017 04:12am
Mr. Katju is baiting Pakistan to go to ICJ over Kashmir where it will be a certain disaster for Pakistan. Pakistan has held a strong position on arbitration of Kashmir issue and it should now not get distracted by such taunts.
Recommend
0
May 21, 2017 04:42am
I hope Pakistan takes the "K" issue to ICJ. All they have to read the full UN Resolution text and they will know who is at fault.
Recommend
0
May 21, 2017 04:55am
@Sonu Of course India is going to win. Based on facts.
Recommend
0
May 21, 2017 05:03am
@Zain as per the UN resolution (non-binding and time barred), pakistan has to leave its part of kashmir first before the plebiscite to take place....you decide.
Recommend
0
May 21, 2017 05:16am
@Khanm --> To all those who have suffered as a consequence of our troubled past I extend my sincere thoughts and deep sympathy. With the benefit of historical hindsight we can all see things which we would wish had been done differently or not at all.
Pretty thoughtful Sir. Difficult to find matured heads on this forum.
Recommend
0
May 21, 2017 05:30am
@Purush
Partition itself may come under question!
Recommend
0
May 21, 2017 05:44am
@Taimur too early to say this Sir. India have a bigger plan than we could think of.
Recommend
0
May 21, 2017 05:45am
@Moiz sheikh ...how so? can you explain?
Recommend
0
May 21, 2017 05:47am
There is no pint is living is fear that Pakistan will go to ICJ . let them go and let it be decided once and for all
Recommend
0
May 21, 2017 05:55am
Why do you forget Shimla Agreement?
Recommend
0
May 21, 2017 06:02am
Pakistan Zindabad!
Recommend
0
May 21, 2017 06:13am
JUSTICE KATJU has erred in his judgement. If you go to a court to settle one dispute it follows that from thereon all disputes will be settled by the court. That may not be quite true as there are bilateral registered treaties like Simla Agreement to resolve political disputes. Also ICJ while having jurisdiction on matters regarding Vienna Convention may not have jurisdiction in whole lot of disputes.
Katju has again shown that serious matters are no longer his forte.
Recommend
0
May 21, 2017 06:41am
Sure Pakistan... please take Kashmir and IWT to ICJ... that may be a bigger disappointment
Recommend
0
May 21, 2017 06:49am
India & Pakistan already had faced 2-3 cases in ICJ then why did Pakistan not approach firstly at ICJ? coz each case has own merit.
Recommend
0
May 21, 2017 07:06am
Those who are unaware of UN resolutions on Kashmir are strongly advised to go through them. Pakistan failed in its obligations which made the entire resolution not binding on India. I hope every Pakistani understands this, and realises that it is their government that had messed up in the first place.
Recommend
0
May 21, 2017 07:10am
Thia man again try to get publisity
Recommend
0
May 21, 2017 07:11am
Mr katju have you know shimla agreement
Recommend
0
May 21, 2017 08:01am
If Pakistan could go to ICJ on Kashmir, they would have gone long time back, and even if they go what will happen ?
Recommend
0
May 21, 2017 08:17am
I'm afraid Justice Katju reveals his ignorance about international law. ICJ does not operate like this. Just because you take one matter to the ICJ, it does not mean you accept ICJ's jurisdiction on all matters. That is a simply ridiculous assertion to make!!!
India has approached the ICJ in connection with consular access. India has already made clear ICJ has no jurisdiction on conflicts like Kashmir.
Recommend
0
May 21, 2017 08:58am
All he meant is hire him whenever pakistan wants to approach ICJ
Recommend
0
May 21, 2017 09:28am
Who stops Pakistan from going to any forums on Kashmir?
Recommend
0
May 21, 2017 09:38am
Include China in Kashmir issue
Recommend
0
May 21, 2017 09:50am
Recently Pakistanis saw two events in which those celebrating should actually be mourning. First the PMLN followers who were celebrating and distributing sweets on hearing the verdict of Panama Leaks case against Nawaz Sharif and his family. Now we see the Indians doing the same, except sensible people like Judge Katju, on ICJ verdict.
Recommend
0
May 21, 2017 09:55am
Katju is enjoying is his retired life and no clue on what he speaks.No control on speech/words.But in India we care for him and we will make sure he spends rest of life peacefully.Let him showcase his madness and uncontrollable behavior.
Recommend
0
May 21, 2017 09:59am
@Vikas rehman , sounds like a very good strategy to me.
Recommend
0
May 21, 2017 10:00am
He has no credibility at India . No one takes him seriously at home.
Recommend
0
May 21, 2017 10:04am
He is absolutely right. Kashmir will be taken to third party for deliberation and judgement.
Recommend
0
May 21, 2017 10:11am
@Hawk kashmir will be taken now, because ICJ has accepted arbitration. Door has opened. What will happen is, ICJ will see situation in AJK and IOK, UN resolutions will be presented, mass graves in IOK will be discussed, Hurriyet will be called as witness, families of missing will be called too. ICJ will rule to stop genocide in IOK , UNMOGIP to take charge, plebiscite by UN, kashmiris vote to join pakistan. We were waiting for this.
Recommend
0
May 21, 2017 10:13am
@shirish let ICJ decide who is following UN resolution, all your false doctored school teachings will be exposed. Kashmir will be taken to ICJ now, because india opened the door now and ICJ accepted it.
Recommend
0
May 21, 2017 10:14am
And just like Pak, India wont give a boot to ICJ's jurisdiction on Kashmir. Now
Recommend
0
May 21, 2017 10:22am
You honestly think India would not think of something this obvious before going to ICJ
Please be assured everything is thought through so while you cannot be stopped from going with this to ICJ I doubt it will make any difference
Recommend
0
May 21, 2017 10:42am
Indians are trying to draw Pakistan attention by luring them into another trap. Indians are now well aware of weak defence of Pakistan lawyers.... and they are now probably thinking that Pakistan will easily lose the case for Kashmir (planned or not planned) as they lost the recent case.
Recommend
0
May 21, 2017 10:46am
Nothing will happen
Being realistic
Recommend
0
May 21, 2017 10:54am
Who cares?
Recommend
0
May 21, 2017 11:03am
he may be right but we all know that 'merit' is not the sole criterion for winning cases in any court of law; may that be local or international.
the case, even if it has very strong basis, need to be well presented in the court to convince judges in ur favour and disfavour of ur opponent. for that, one need to be a better lawyer that ur opponent's lawyer in all respects.
sadly, truth is not the only winning factor in the courts of this world
Recommend
0
May 21, 2017 04:22pm
Very interesting development.
Recommend
0
May 22, 2017 02:29am
@Taimur -Lol. Sure, keep trying ...fact of matter is that K belongs (and will always legally) belong to India. So...good luck!! ;)
Recommend
0
May 22, 2017 03:32am
Is the ICJ also being used to decide of Jadhav is a spy after all? That itself would be bad for India, if he was indeed a spy involved in terrorism.
Recommend
0
May 22, 2017 07:11am
@Harmony-1© loose again there
Recommend
0
May 22, 2017 07:36am
hope Indian government will eradicate article 370
Recommend
0
May 22, 2017 08:57am
@Zak not sure why the wait for taking the issue? It should be expedited.
Recommend
0
May 22, 2017 09:42am
Katju is absolutely 200% wrong.
Recommend
0
May 22, 2017 10:04am
Justice Katju is not fully aware of UN Resolution and Shimla Agreement. He should read and understand these documents first and than comments. Perhaps he want to be on electronic and Print Media. He want to be remain in the minds of Politicians of India. Such statement destroy his image as Justice.
Recommend
0
May 22, 2017 10:17am
Katju is not the only person from India willing to help and guide Pakistan. There are many whom Pakistan has tapped in the past including the UPA government which ruled India for 10 years.
Recommend
0
May 22, 2017 10:25am
I dont agree with the author, Shimla agreement is the main obstacle for raising K issue in ICJ, even UN cant meddle with the treaty. For ICJ to succeed, Both parties should approach otherwise its null and void.
I dont think India will be interested.
Recommend
0
May 22, 2017 10:44am
Publicity stunt. He is forgotten figure.
Recommend
0
May 22, 2017 11:07am
Even if Pakistan approaches to ICJ over Kashmir issues, the framework between the two countries comes out which has clearly said that Kashmir is the Bi-lateral Issues and should be resolved by these two countries, even if Pakistan tries in any manner India has upper hand over it.
Recommend
0
May 22, 2017 11:38am
Saver for Pak govt, just know the difference between crime and border issue, you will know what Katju is trying to achieve with this facebook post :) just avoid another blow in your face.
Recommend
0
May 22, 2017 11:50am
Yes, All matters will be resolved in next 7 years under current India Govt.
Recommend
0
May 22, 2017 11:59am
We know that and thanks to India, Pakistan will surely go to World court for Kashmir.
Recommend
0
May 22, 2017 12:01pm
This man did not know that India has already filed its declaration in 1948 wherein india has cleared that , India will not accept any matter in ICJ in relation to Kashmir issue.
so Pakistan, even if wnt to file anything in ICJ about kashmir wont be tenable .
Recommend
0
May 22, 2017 01:52pm
@atif 'sadly, truth is not the only winning factor in the courts of this world'
guess that is why Pakistan based its defence on the 'jurisdiction' of ICJ in Jadhav's case, rather than his alleged culpability.
Recommend
0
May 22, 2017 02:14pm
It seems Justice Katju has become senile and in his attempt to grab attention he has got a way of putting his foot in the mouth. For the last several years he has attracted controversies regularly and was even held in contempt by the Supreme Court. Many think that he is fearless, for that all senile persons normally are.
Recommend
0
May 22, 2017 02:57pm
@Najeeb But just to lose it as pakistan never followed the point 1 of UN resolution on kashmir.
Recommend
0
May 22, 2017 03:34pm
Well in the situation of ICJ's jurisdiction over a state's court sentence to a terrorist; it naturally nullifies all the bilateral agreements b/w Pakistan and india; simla, lahore, 2008 or wherever it was signed.
Technically, Pakistan has well played india in the court then. Rest with the ICJ's decision on the indian terrorist, he is involved in terror in Pakistan and the military has chased this man for 02 years. They have proof and it will be shared on international forums; punching the "image" of indians.
Further, there will be Kashmir issue which is again a bilateral issue as talked by indians commonly, though it has become internationalized today. Every fallacious move by indians is putting them with havoc.
Recommend
0
May 22, 2017 03:44pm
Pakistan can never win over Kashmir in ICJ- reasons are well known to Pakistan and will not dare to contest in ICJ. Jai Hind
Recommend
0
May 22, 2017 04:08pm
700,000 Indian Troops and 7,000,000 more ready to fight will ultimately enforce that Kashmir will remain part of India.
Recommend
0
May 22, 2017 04:54pm
Please guys be friendly and nice to each other, I am from Pakistan and have no hate for Indians absolutely none yes few policy from Indian Government does hurt but it doesn't mean our peace process and dialogue to be stopped we should have all sort of exchanges from food to artist , sports, trade, literature jobs why not? what we doing to each other please think about it both Pakistani and Indians really need to think about this as an individual and normal human being we should not be biased on issues facing both countries .
Recommend
0
May 22, 2017 04:59pm
Every action / strategy has a purpose & the pros & cons are always weighed before going ahead with it's implementation. I am sure India has done all these analysis. Being a democratic country anyone can comment on the Government's decision, which is fair. India will be able to face upto any new issues that can emerge in the coming days. No decision is future proof. So let us not sweat a lot on this remark by Mr. Katju.
Recommend
0
May 22, 2017 05:04pm
For Kashmir dispute to be taken to ICJ, they have to comply the decision or the judgement of ICJ on Kulbhushan Jadhav, give counsulor access...or else nobody will follow the decision of ICJ.
Recommend
0
May 22, 2017 05:39pm
As if no one in 1.2 billion could not think about this in last one year !
Recommend
0
May 22, 2017 09:59pm
@Zain Yeah please go ahead.
Recommend
0
May 22, 2017 11:41pm
@shirish absolutely!
Recommend
0
May 22, 2017 11:55pm
@neal kluge absolutely!
Recommend
0
May 23, 2017 12:14pm
no you cant until you revoke Shimla agreement...that Pakistan can do ..only by sacrificing water treaty.
Recommend
0
May 23, 2017 03:42pm
@shirish
Why are you people so afraid of taking the Kashmir issue to ICJ? Let the world know what your government is upto
Recommend
0
