India’s ICJ move is a big swing and miss, and is only fooling the people of India

Published: May 13, 2017
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Pakistan is justified in its stance that Jadhav’s case fell within the realm of security, and subsequently, the request for consular access was declined on merits.

If you are an avid reader of Islamic history and have had the privilege of going through Jalalud Deen Suyuti’s famous compilation, Tareekhul Kuhalafa’, you must be well aware of a certain narration. It dates back to the era of the second Caliph Umar ibn al Khatab (ra) and narrates the ordeal of a young widow who used to struggle to make ends meet.

The narration has it that the unfortunate widow, in order to console her hungry and starving children, had devised an appalling strategy of deceit and deception. She used to place a pot full of water and rocks over a stove and as it would boil, she assured her young ones that a tempting meal is in the offing. The children, after having waited for a long time and exhausted due to continuous crying, would fall asleep and the widow would then silently turn the stove off. The Caliph, after observing their misery, came to their help one night and fixed a stipend for them from the state’s treasury.

I recalled this narration yesterday and have dedicated the preceding paragraph to it, simply because I feel our immediate neighbour is undergoing the same situation as the poor widow from the story narrated above.

On May 8, 2017, the Republic of India instituted proceedings against the Islamic Republic of Pakistan at the International Court of Justice (ICJ) in The Hague. The proceedings, as per the publically available information, call for an intervention in the matter relating to the conviction and sentencing of an Indian spy by the name of Commander Kulbhushan Jadhav. Through the said petition, India has sought to impugn the refusal of Pakistan vis-à-vis the providence of consular access to Jadhav and has pleaded to the ICJ to overturn the conviction/sentence awarded to its citizen on the pretext that it violates well established principles of basic human right laws.

Ever since the announcement of this litigation, the Indian press has been going crazy; it is heaping praises on the incumbent regime and is glorifying the move as stunning. Indian ministers can be seen patting each other’s backs on Twitter and the infamous defence experts sitting in television studios can barely restrain themselves from breaking out into tears of joy.

Cute as it may sound, the fact of the matter is that all these celebrations, cheers and tears are hollow and self-delusional in nature. The patent truth of the subject is that India’s ICJ move is a big swing and miss and I say this as a student of law.

After having deliberated upon the following contentions, I have come to the following conclusions:

1.The ICJ cannot unilaterally assume jurisdiction in a bilateral conflict unless and until both the disputing parties submit to its exclusive jurisdiction (Article 38 Rule 5 of the ICJ Rules). This submission varies from case to case and in this particular matter, it is highly unlikely and almost impossible that Pakistan would submit to the jurisdiction of the ICJ. Thus, the subject suit is destined to fall flat at the very preliminary stages.

2. India and Pakistan have a bilateral Consular Access Agreement which was ratified on May 21, 2008. Clause VI of this agreement explicitly states that in matters relating to security, the request for consular access shall be treated on merits. Thus, Pakistan is justified in its stance that Jadhav’s case fell within the realm of security, and subsequently, the request for consular access was declined on merits. ICJ does not reserve the authority to either revise or interpret the contents of this mutually agreed upon agreement.

3. In paragraph ‘e’ of the declaration made on March, 29, 2017, the government of Pakistan, with regards to the recognition of the jurisdiction of the ICJ, declared that the ICJ shall have no jurisdiction in matters pertaining to the national security of Pakistan. Furthermore, in paragraph ‘b’ of the same declaration, Pakistan asserted that a similar lack of jurisdiction shall prevail over matters which essentially fall within the domestic jurisdiction of Pakistan.

4. Similarly, the Indian declaration passed on September 15, 1974, in paragraph 1(2), declared that the jurisdiction of the ICJ shall extend to disputes involving all nation states other than the ones which are member states of the Commonwealth. Pakistan being a member of the Commonwealth is thus excluded from the list of nations against whom the jurisdiction of the ICJ can be invoked as per India’s request.

5. During the Simla Agreement in 1972, India and Pakistan had agreed that all conflicts arising between the two countries hereafter shall be resolved bilaterally. India has time and again asserted that this agreement bars both parties from approaching an international forum including the ICJ, for the resolution of an outstanding conflict. In 1999, when Pakistan approached the ICJ over the Atlantique incident, India successfully pleaded ICJ’s lack of jurisdiction on the basis of the Simla Agreement (Pakistan v India (2000) ICJ Rep 12). A similar view shall now be taken in this instant matter.

6. It is an established principal of international law that without exhausting available forums of appeal, outright remedies cannot be sought from an international court (Germany vs United States 2001 ICJ 466). Jadhav is yet to exhaust his right to appeal before the Military Court of Appeals and is further entitled to a mercy petition before the president of Pakistan. Without having adopted this available course of law, any exercise undertaken at an international level would be deemed as colourful.

7. India, by virtue of the institution of this case, has opened a flood gate which is destined to flow in its direction. Pakistan is now authorised to excavate the skeletons lying in the Indian closet and parade them at the International Litigation Forums.

In view of the foregoing issue, one is made to conclude that the theatrics played out at the ICJ were frivolous in nature and the television rating points generated were meant for the consumption of the domestic audience.

In order to placate the hyper-nationalist voters of the right-wing, the Bharatiya Janata Party (BJP) led government has decided to boil some water and rocks on a hot stove and are expecting that its war hungry children will soon fall asleep.

However, this move is expected to cast long-lasting effects on India’s foreign policy and that too of an adverse nature. Meanwhile, we can easily say that this diplomatic offensive was a huge swing and a miss.

Aniqa Sheikh

Aniqa Sheikh

The author is a lawyer cum strategist who practices at Islamabad High Court and is momentarily perusing her MS in Peace & Conflict Studies at the NDU. She tweets @sheikh_aniqa

The views expressed by the writer and the reader comments do not necessarily reflect the views and policies of The Express Tribune.

More by this writer

  • Concard_007

    Huh, really? You think we don’t know how to make Chess moves? Haven’t you heard of your retired military officer kidnapped in Nepal? There are still plenty of moves you will uncover, just give it some more time. Indus treaty will be renegotiated once we build our capacity to hold more water which is a work in progress. That will itself will cripple Pakistan given it is one of the water stressed countries in the world.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    You are saying Pakistan can deny Jurisdiction and the case is closed. But, go on to say now Pakistan can use the same tactic and litigate against India in international forums.

    Don’t you think India will say “you don’t have jurisdiction?”, just like Pakistan has done?

    Simple logic, really.

    Also, if India has a pretty competent legal team and an array of knowledgeable diplomats and academics. If they think ICJ is a good option, then it must be. Pakistan has none of this. The author herself quotes a couple of instances where India has quashed the cases taken to ICJ by Pakistan. We all know of the WB arbitration, where India has won every single time!Recommend

  • stanley

    Dear Author you are probably right in these contentions and Mr Yadav could be a lost cause. May be the cunning baniyas of Gujrat already know this but I wonder what conclusions you will write and whom you will goto when India tears up the Indus water treaty and throw it in the dust along with Mr Yadavs ashes.Recommend

  • Sudhir

    Nice explanation. But one question comes to my mind that how come the lawyers of your court have refused to help him in any way to determine whether he was truly guilty or not. Why is this thing being so secretive? It is really inhuman for the lawyer’s union to pass such diktat to their members to not help him. Should you not help determine if he is guilty or not? Or you just accept what your military court has done without knowing the details?Recommend

  • Waron Dafe

    As a student of law you should also know that coerced confessions gets nulified as evidence also you should also know that fgcm trials are conducted in the name of national security due to lack of evidence.Recommend

  • Patwari

    Everyone and his brother including the village idiot knows that
    Hindustan is caught up in a vicious nationalistic Hindutva laced
    feeding frenzy. There is no logic, rhyme or reason to this wild
    extremist Bharati behavior. It seems like nearly all of the two billion
    toilet less denizens of the Hindu Desh are eating whatever Modi Circus
    is dishing out on banana leaves. It is pablum, covered with a heavy layer
    of false promises mixed with 5,000 years of pent up frustrations of servitude
    to various invaders. Even Kublai Khan’s gardener and cook got together and
    invaded part of Hindia.
    We, must remember, that a vast majority of the Hindustan’s population is
    illiterate. Their only source of information is what they hear on toxic channels
    blaring out hate, invectives and everything in between. …24/7Recommend

  • http://www.indianess.com creativeIndian

    Dude. We invented chess and grand masters. Dont tell us how the pawn moves.Recommend

  • Tommy Gunn

    When so called lawyers in Pakistan are this ignorant, I can imagine how the remaining population would be – 50% of whom never go to a primary school & 90% of whom never go to college. Your heartburn on this issue aside, be ready for a huge public humiliation of Pakistan at the ICJ but then Pakistan is used to huge global humiliations by now – The Bin Laden raid, the AQ Khan “Nuclear Walmart”, the Drone strikes, the anointment as the “Global hub of terrorism”. I guess this would be a smaller humiliation comparatively.Recommend

  • abhi

    I think your analogy is apt for Pakistan. After 70 years of independency they have nothing to to show as an acievement and thus boiling some rocks. They are trying kill Kulbushan so that they can divert the attention of Pakistani citizens from the very bad situation in Pakistan.Recommend

  • Rahul

    You may hang a poor Businessman who lost his way and ended up in the wrong place with your confession extracted under duress, but that is not going to change the facts.Recommend

  • aniqa

    Kulbhushan Jhadav confessed to his crimes before a duly authorized judicial magistrate. You must be well aware of the fact that a judicial magistrate before recording the confession of an accused u/s 164 Cr.P.C. satisfies himself of the fact that the confession is voluntary and forthcoming. He informs the accused of his rights, privileges and prospective fallout of his confession. The underlying procedure is statutorily observed:

    1. Handcuffs of the accused are removed and the Officers of the Law Enforcement Agencies are ordered to leave from the court room.
    2. The accused is informed that he is present before a duly authorized judicial magistrate and the LEA has brought him for the recording of a confession.
    3. The accused is asked if he has been tortured or not.
    4. The accused is asked if he is giving his confession under any pressure, duress or threat.
    5. The accused is informed that he not bound to give a confession under the law and if he chooses not to give this act will not be used against him.
    6 The accused is informed that if he chooses not to confess he will not be handed back to the LEA and will be taken into judicial custody and that his protection will be the responsibility of the court.
    7. The accused is informed that if he does confess to his crime this confession will be used as an evidence against him during the trial and he will not be able to retract his statement later.
    8. The accused is informed that if he does not confess it shall be the prosecution’s responsibility to establish its case beyond doubt.
    9. The accused is asked if after having listened to all this he is still willing to confess and if so why.

    After the foregoing procedure if the accused still wants to confess he / she is given a drink, some refreshments and cigarettes if he so likes. He is then given 2 hours to deliberate upon his decision. After passing of 2 hours the magistrate again repeats the aforementioned procedure and if the accused is still forthcoming the magistrate records his confession.

    I hope the preceding para addresses your concerns vis-a-vis the coercion aspect. As far as the opacity of the Trial and the fairness of the FGCM is concerned I have already written a detailed blog on it last month. Do let me know if you wish to read it I’ll send you the link.
    RegardsRecommend

  • aniqa

    I absolutely agree with you in principal, the cardinal principal of law i.e. “Audi Alteram Partem” must be upheld at all costs. The constitutional right to engage a legal counsel of own choice must not be prejudiced on the basis of allegations leveled against a certain individual. However you must also be cognizant of the fact that in the instant case their is a lot of public sentiment involved and that probably did cause some bar associations to pass certain resolutions.

    That having said I can assure you as a practicing lawyer that these resolutions shall remain hollow and no lawyer can be restrained from taking any particular case. Lawyers are protected under the Legal Practitioners Act and are regulated by Bar Councils, these knee jerk resolutions by Bar Associations will have no effect.Recommend

  • Rex Minor

    Through the said petition, India has sought to impugn the refusal of Pakistan vis-à-vis the providence of consular access to Jadhav and
    has pleaded to the ICJ to overturn the conviction/sentence awarded to
    its citizen on the pretext that it violates well established principles
    of basic human right laws.

    And this is embodied in the vienna convention without any relevance to the security jargon and the Islamic history or other mutual agreements which the learned lawyer author has tried to put forward.
    The jist of the complaint is that. Pakistan army has no legal right to hold military trial of a foreigner without informing or providing the accused access to the counseller office. All proceedings against him including the announced judgement as such are therefore illegal and ot valid. Pakistan will be asked to release the ccused forthwith. The decision along these lines awaits the Pakistan authorities.

    Rex MinorRecommend

  • aniqa

    Dear Bhakt.

    Prima facie you seem to be a hyper-nationalist Indian whose sense of deliberation and judgment has been over-shadowed by his blind love for the nation and faith in his government.

    To begin with, you seem to confuse the “Arbitration Proceedings” of the World Bank, which process in lieu of a “Bilateral Treaty Agreement” with the “Adversarial Proceedings” of “ICJ” which process in abidance of a multi-lateral convention.

    Pakistan’s contentions w.r.t the jurisdiction of the ICJ rely upon the constraints it had put on the ICJ at the time of the “Deceleration of Acceptance.” India to the contrary has not placed similar constraints on the ICJ and thus is likely to be held accountable if litigated against.

    That having said one must be mindful of the fact that International Public Law does not have a totalitarian approach and takes into consideration dictum that are applicable to the contents of a specific petition.

    In case you do wish to understand the realms of the PIL I recommend you read the judgments cited by me in the article but in case you want to satisfy your national pride I say keep watching NEWS-HOUR on REPUBLIC TV. :-)Recommend

  • aniqa

    Dear Stanley,

    Indus Waters Treaty is a trilateral treaty agreement between India, Pakistan & the World Bank and thus cannot be subjected to unilateral revocation. In addition to this even strategically speaking India does not have all the cards in its hands when it comes to water regulation in South-Asia. In case India does resort to a misadventure over Indus it will have to face a similar and proportionate response from China over Brahmaputra. I’ve written a detailed piece over this last year in case you do wish to read inform me.

    The two cases i.e. ICJ & IWT have no rational comparison and lie in totaly different avenues of Law.Recommend

  • aniqa

    We know quite well that you are a rouge nation which operates like a criminal syndicate at the global level. The abduction of a retired military personal is testimonial of the fact that you have sheer contempt for territorial sovereignty of your sublime neighbor i.e. Nepal and that under the influence of desperation you are willing to go to any lengths. However be mindful of the Fact that Pakistan is reality which bites and bites hard when ever you ignore it.

    In case you want to mingle with the flow of Indus do not bother building additional dams because Brahmaputra tributary will be chocked from the Chinese side and all those dams will run dry.

    Smell the coffee, realize your worth and act accordingly.Recommend

  • Cancerian_Sethi

    Pakistan is well within its rights to try and sentence Jadhav under its domestic laws for espionage and our government should out rightly challenge the jurisdiction of the ICJ.
    The Geneva Conventions provide much of the substance of IHL (International Humanitarian Law). Within this framework the Geneva Convention IV of 1949 is of particular significance, and relates to the treatment of non-combatants in times of hostilities. As per Article 5 thereof, when such a non-combatant is detained as a spy he forfeits his rights of communication under the convention. While such a person must, as per Article 5, be treated with humanity and has the right to a fair trial, there is nothing under IHL which prevents an individual from being sentenced to death for espionage.

    IHL also draws a clear distinction between those engaged in hostilities and those engaged in espionage. This principle is enshrined in Additional Protocol I (AP I) to the Geneva Conventions, reflecting a long-established principle of international law present in earlier international legal instruments. Combatants who adhere to IHL principles are, if captured, immune from prosecution for acts committed while engaging in hostilities. This, however, does not apply to those engaged in espionage: as per Article 46(1) of AP I any member of the armed forces of a party to the conflict who falls into the power of the other party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy. Instead, the requirements under Article 75 of AP I are for humane treatment and a fair trial.Recommend

  • Raj – USA

    This author, like all other analysts and specialists, has not figured out what India’s plans are.
    (1) India wants to free Kulbubshan Jadev.
    (2) If India is not able to free him, at the minimum it will prevent Pakistan from executing him because after this Pakistan will think several times before executing him.
    (3) Pakistan may argue on jurisdiction and other points. But, Iran also claims, just like India, that Kulbubshan was kidnaped from Iran. This is a very important point. ICJ will ask Pakistan to substantiate that Kulbubshan was caught in Pakistan. If it cannot, and still Pakistan fails to release Kulbubshan, it will open way for Iran, India, Afghanistan and others to kidnap ISI official from a third country. Kulbubshan ws sentenced in secret proceedings by Pakistan’s military court and he was not even allowed to have a lawyer to represent him. ICJ will ask for details of evidences and procedures followed on the basis of which Kulbubshan was convicted. If Pakistan can produce only the confessional video, its case is totally destroyed at ICJ. India has also raised issues of human rights violation in the way Kulbubshan was convicted and awarded death sentence. Pakistan’s civilian government will be representing Pakistan and they know very little of what Pakistan’s military and its military courts conducted the proceedings. They cannot even prove that Kulbubshan was captured from Pakistan.
    (4) All this will prove to the world community that it is Pakistan’s rogue army that is fully in control of Pakistan and Pakistan’s civilian government is held captive by its army. It establishes dawn leaks as factual. Depending on developments that may take place in Pakistan, it may pave way for “UN” or a “Coalition of the Willing” armed force to take direct military action on Pakistan to dismantle the rogue army establishment.Recommend

  • Kulbhushan Yadav

    PetWari , well , I see what Pakistani news channels have done to you and Pakistani population in general. The idiots that you are talking about , all none other than your own village people most likely. Recommend

  • Rohan

    India will fight for justice for an ordinary Indian captured from Iran and portrayed as a terrorist by a barbaric stateRecommend

  • Patwari

    Well, you should know, when a person, [specially from Hindu Desh]
    enters the Land of the Pure, surreptitiously and is found deep inside
    a troubled province with two passports, two sets of I.D. cards declaring
    him a Muslim and a citizen of Pakland, ALONG WITH $46,000 USD in
    cold, hard, cash, then this person is in deep, deep trouble. To make it
    worse, this Hindu Desh national was found in a village !!! Miles from
    any bank or money changers. Too bad his local terrorists handlers
    abandoned him to save their own necks, during the Rangers raid and
    roundup.
    Simple question, ‘ what was a serving Hindustani Naval commander
    doing in Balochistan? ‘ On vacation? An extended picnic? Visiting
    archaeological sites? Communing with nature? Took the wrong bus
    in Bombay, ending up in restricted/sensitive area? Visiting his mother
    in law?
    Since he is a Hindian Armed Forces personnel, a commissioned officer,
    a navy commander to boot, with a long list of nefarious activities that
    resulted in thousands of deaths of innocent people and destruction of state
    and private property, he was tried under military rules and regulations in
    a military court. [That deals with people caught spying.] Not a civilian trial.
    When you sign up to spy for RAW. Be aware of the dire consequences
    if you are caught.
    No other way to put it to the Hindus across the border of Pakland.Recommend

  • Vin P

    Well point is that Pak will in all likelihood lgnore ICJ verdict esp if it goes in India’s favour.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    You are practicing the Religion of the invaders, follow their customs, greetings, dress(Burqa), festivals. Your ancestors were Hindu.

    But, you accuse Indians of frustrated of being invaded, who speak our own language, practice our own festivals, wear our own dresses, are proud of our own heritage like Yoga and accept our history.

    Who is being servile – Indians or Pakistanis?

    Only our geography was invaded, seems like the invaders have truly conquered every aspect of Pakistan. A strange kind of Stockholm syndrome.Recommend

  • Jerry Flannery

    Here’s a point-by-point rebuttal.

    1.India has approached the court under Article 36(1) which relies on other treaties to confer jurisdiction upon the court. In this specific case, the other treaty is the Optional Protocol to the Vienna Convention on Consular Relations, which assigns a role to the ICJ in the event of disputes between parties over the convention’s implementation.

    2. India will not only argue that the pact does not supersede the ICJ’s jurisdiction, but that the document itself cannot be invoked before the UN judicial body. According to Article 102 of the UN Charter, no treaty that has not been registered with the UN Secretariat by a signatory can be invoked before any organ of the United Nations. Neither India nor Pakistan has, so far, deposited the 2008 agreement with the UN.

    3. See point 1. Refers to ICJ jurisdiction flowing from other treaties, namely Optional Protocol to the Vienna Convention on Consular Relations.

    4. Again, see above point.

    5. Once again, see above point. Pakistan is signatory to Optional Protocol to the Vienna Convention on Consular Relations and an argument cannot be made that its commitments towards it cannot be honored due to bilateral agreements. If further clarity is needed, read what Pakistan signed up on in the Optional Protocol to the Vienna Convention on Consular Relations.

    6. This point doesn’t take into account that Kulbushan Jhadhav was tried in a military court, which was opaque, nontransparent, with no evidence being placed in public domain and only a conviction was handed. The ICJ would agree that, based on similar cases tried in Pakistani military courts, India couldn’t be sure of getting any justice by pursuing those options. India would make the argument that these further appeals are merely cosmetic in nature and hold no real hope for a fair relook.

    7. No, it doesn’t. Because, as stated in the above points, it’s not a matter of juridiction per se, which India can deny too. Rather India has approached ICJ in a specific case for a specific violation of Optional Protocol to the Vienna Convention on Consular Relations, which assigns a role to the ICJ.Recommend

  • Patwari

    But,..but..Ms. Sheikh,…see…er…you just bestowed a grandiose
    title of “Rogue Nation” on a country that has cross the River Styx !
    This Hindu Desh is past Purgatory now. Deep Into the realm of
    Dante Alighieri’s Inferno. Say, on the sixth level…more or less…
    Bharat is in Tartarus, indeed, welcomed by Hades with open arms.
    As you can see, very well, a RSS/BJP cyber warrior materialized
    instantly, on these pages, making juvenile threats of cutting off Pak’s water.
    You can well imagine the stream of consciousness, of his masters,
    easily translating into something twisted.Recommend

  • Patwari

    If you are still in the Land of the Pure, take the bus to the border
    Make a right turn at Torkham past the Pak/Afghani border posts.
    Ignore the army grade shoes, uniforms, helmets, belts water
    canteens littering the ground. They were left there by the
    retreating and backward running Afghani army soldiers.
    After about 50 miles you will be near Jalalabad, and the Bharati
    Consulate. The consulate will help you get to Hindu Desh. No visa
    required for Afghanis. Make it urgent. You need to join your cousins.Recommend

  • Patwari

    Rahul, there is some choice land for sale in Bombay. Fronting the beach.
    Dirt cheap for you. Will give you a good deal. It’s next to Shah Rukh’s
    mansion in Bandra. Will mail you the title to the land, Only Rs.3,000 for
    three acres.
    [no checks, please, cash only, please]Recommend

  • Sane

    Very well said. You nailed paid Indian trolls.Recommend

  • Sane

    Let the verdict come, if there would be any. What is ‘likelihood’?Recommend

  • Sane

    The poor little boy lost the way to home. His mother must be worried.Recommend

  • Patwari

    Thank you so much for your invective. Just invented a new
    call sign for hindus..” Modi Sarkar Syndrome”…it means
    turn off your brain, no thinking and blindly follow the Hindu
    Pied Piper also known as Modi Sarkar’s Circus Of Amazing
    Non Truths and Visions of Grandeur. [MSCOANTAVOG]Recommend

  • Patwari

    Well,…can’t make head or tail of your comment.
    Maybe you should try again? But thanks a bunch
    for the invective. Just like a true hindu.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    Point taken. Today is the D day and this matter will be settled with the competent authority – ICJ.

    My latter point still holds – india has a tradition of litigation. It has a working judicial system and related processes. Pakistan has a sorry excuse of a judicial system. Even your own military doesn’t trust this system and to force the civilians to set up a parallel justice system run by the military This gives india an edge.

    Let’s revisit this after today..

    I will respect any judgement of the ICJ, india will too. India has nothing to lose, really.

    P.S. If all lawyers were to be right, no case would end. A lawyer who thinks she has the case in her bag is a sorry excuse of one. Recommend

  • Simla

    You call yourself a lawyer and you are accusing India of kidnapping your retired military personal without evidence. i guess matter of evidence was not a part of your legal training. Just rhetoric might win a case for you in Pakistan but not anywhere else in the civilised world.Recommend

  • Parvez

    On the Kulbhushan affair I am clear. As a lay man what bothers me is something else and it concerns Pakistan and our not too sterling record with international issues such as this ( Reko Dek, IWT issue, mess we made of the Tasman Spirit tanker grounding etc, etc )….. We are like our cricket team ( men’s team ), how many times have we lost a match that just about everyone thought we had won.
    If this does not go our way it’s not because Kubhushan is innocent ( he openly admits that he’s not ) but because we are prone to be inept and uncaring with matters that don’t concern us personally ….. let’s hope I’m wrong this time.Recommend

  • Khawaja Fahad

    What if I am practising the religion of the invaders? If I do, I do it of my own volition. What if I am not practising the religion of the invaders? I might be a direct descendant of the invaders.What if I am neither or what if I am both? It is my choice.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    Do you even know what date the trial started and ended? How can you be sure the trial even took place?Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    Pakistani Kangaroo Courts being criticized by Human Rights Watch.

    https://www.hrw.org/news/2017/03/20/pakistan-dont-reinstate-secret-military-courts

    https://www.hrw.org/news/2015/08/06/dispatches-pakistans-military-courts-mistake

    Dawn and ET have written Editorials upon Editorials, not to forget Opinion pieces by many columnists how Military Courts are a travesty of justice.

    https://tribune.com.pk/story/1287593/end-military-tribunals/

    “The tribunals had a 90 per cent conviction rate but lacked any transparency, a consistent criticism throughout their life. Justice has to be seen to be done, and if not seen then inevitably doubts arise as to the quality of justice being meted out. With the long-term goal of revision of the justice system generally not having been achieved the state reverts to a system that is open to political influence and outright corruption as well as partiality on a sectarian basis.”

    As a student of law, instead of supporting your judicial system, are resorting to justifying Military Courts, just because the accused is an Indian. Shameful act.
    Recommend

  • Rex Minor

    You guys do not take No for an answer even after surrendering to the relative smaller Indian contingent with log barrel and……Indian army adhered to international norms of the combat. Now the professional army is back looking for stray civilian tourists and readying itself to be ridiculed by the International court of Justice.

    Rex MinorRecommend

  • Tommy Gunn

    @Aniqa – For how long will Pakistan rely on sugar daddies who never show up when it really matters? Let me remind you that Daddy China or Uncle Sam never came to your rescue in 1965, 1971 or 1999 and won’t do so in the future either. China earns $50 billion from India every year in trade surplus which is equal to its entire investment in Pakistan. Do you really think the Chinese are t dumb enough to cross India over one of its minion satellite states? BTW, Brahmaputra contributes less than 2% of India’s water needs. So in a worst case scenario, India won’t be affected much if the taps of the Brahmaputra are turned off. On the other hand, if India turns off the taps of rivers flowing into Pakistan, Pakistan will become a desert within a very short time.Recommend

  • Tommy Gunn

    @Aniqa – Madam, the whole world knows which is the Rogue nation. Recommend

  • LS

    You should know that ISI can create and shove any number of fake ID’s for people to travel anywhere. You should know that he was “Bought” from terrorists who picked him up from Chabahar and SOLD to ISI (Confirmed by German intelligence). You can produce any number of passports and fake “confessions” which is why ICJ refused to hear it. Since he was caught your country and belongs to India your Kangaroo military rules don’t apply, International rules as directed by vienna conventions apply. The issue is you don’t know.. India catches dozens of pakiland spies that rot in Indian Jails and refuse to go back to pakiland because they are treated better in Indian jailsRecommend

  • LS

    So a terror sponsoring nation is calling other a rogue nation? Who says India abducted your retired fatso who went to Nepal? Isn’t that a conjuncture on your part and you call your self a lawyer? What evidence do you have? Your nationalistic hyperbole of “pakistan bites hard” has been seen in the past and the only thing pakistan has bitten hard time and again is DUST.

    More over pakistan has NO say on what china does on Bramhaputra tributary, secondly it is JUST a tributary and by definition does not control the whole flow let along anything becoming DRY.

    Even if we start stopping the 20% of water usage guaranteed in the agreement it will hit you hard (which today we are not using). All your dams are already dry.

    Recommend

  • LS

    Yes because that grandiose title already belongs to nations called “Pakistan” and “North Korea”. Where the only sustenance is provided by a slowly disappearing river and its hungry people who have nothing to eat when 60% of its population lives below $1.9 and cheats with UN by simply providing pauperism data of 8%.

    The realm of reality is millions of parsecs away while the population constantly feeds on ISI/Propaganda and heroin from Afghanistan to quell hunger. A mere reduction in 20% (That India has not been utilizing) of your water is enough to teach you and the population what realism is. So see people can forget hunger with drugs and propaganda but not thirst. Your shiny new power projects relying on the water supply from India can go caput. We can divert the water from the catchment areas even before it reaches the tributaries. So don’t goad us. We have cut enough slack to pakiland – You don’t even have enough reverse osmosis plants to filter water from sea.

    Mind that you don’t have any kind of water treaty with Afghanistan so you can say goodbye to Kabul river water too if push comes to shove.Recommend

  • disqus_MKeynes

    So if he refuses to confess (as threatened to with dire consequences), he would be sent to judicial custody where they will extract a confession under torture. Kulbhushan did not have a choice..one ione side is the pit, other the well.Recommend

  • disqus_MKeynes

    We saw how the entire legal fraternity in one city garlanded Mumtaz Qadri and scared any lawyer from taking up any case against popular sentiment. Even judges have been scared in cases of kidnapping of Hindu girls. So justice system in Pakistan is not a fair system at all.Recommend

  • disqus_MKeynes

    There was a study sometime back where Chinese stoppage of Brahmaputra will not have severe effects on water availability. The severe effect will be in the form of sudden release and consequent floods. I dont have a reference to that story now.Recommend

  • Patwari Can, NZ, US, UK, Aus.

    Well, sorry to tell you, everyone and his brother lost track
    of whatever you were trying to put across in your diatribe,
    by the second paragraph of your Hindutva Dirge.
    You can do cartwheels, somersaults, lamentations, recite all
    the hindu holy incantations and mantras but it won’t change
    anything. It’s done.
    As the learned author of the blog pointed out, benevolently,
    Hindustan is a ‘rogue nation’. She was being polite.
    There are choice words that can describe Hinduland much
    better,…..but they can’t be printed.Recommend

  • Patwari

    That’s the key word. “ineptitude” It like the three stooges show.
    There is no Foreign Affairs minister!! The man will not appoint one. There is no foreign policy.
    This man from Punjab likes to travel,…so he puts on his
    foreign minister hat and goes about visiting countries. He speaks
    English from prepared little notes.
    Then he switches to his PM hat…then his Railway Minister hat,..also
    Financial Minister hat .. notice, all these guys are related
    to him, one way or another.
    Maybe he should appoint his daughter “Ivanka Sharif.”..er..Safdar
    as Foreign Minister.Recommend

  • Patwari

    Do you know the date, that a Muslim village was set on fire in Mizoram?
    August 2nd. 2016.
    Because a Muslim boy from the family was seeing a hindu girl.
    That happened on Oct 18th. 2016.
    Recommend

  • Patwari

    Aww! Geez!! This is infantile. You need to contact BJP and
    get new talking points. Pronto. Quick like. Or Hindia will be
    the laughing stock of the world.
    We all are shaking in our boots! Mercy! Please mercy!
    Anything else confirmed by…..say Nepali intelligence?
    Fiji Intelligence? Ethiopian intelligence? How about
    Papua/New Guinea Intelligence? Easter Islands Intelligence
    and’the penguins on the Antarctica have a direct line to Sushma. They are very reliable sources. Try Goswami?
    Say, almost forgot, Haitian Intelligence can come in handy too.
    ISI? What is that? India Surreptitious India?
    May the Lord Rama shower his benedictions on y’all.Recommend

  • http://peddarowdy.wordpress.com/ Anoop
  • http://peddarowdy.wordpress.com/ Anoop

    You are replying because my comment appealed to you and made sense in some weird way. Even though it wasn’t directed at you, you felt compelled to reply.

    You did not wake up one day and made this choice, did you. You did not practice both customs, learnt the language of the land or at least the local scripts(Gurmukhi is dead), Basant has been banned, you haven’t read the Vedas. You were born into a Muslim family and they have brainwashed you into believing Islam is not only the right way, but the only way.

    Your line of argument is valid if you have had a choice in the first place. You still don’t. You can’t quit being a Muslim, your own cousins and friends will murder you. Apostasy is punishable by death in Islam. Some choice, where the other option is death..

    This is just an illusion of an option. There is no such option at all in your head, is there. You are saying this to just win the argument, aren’t you..

    Your ancestors were converted forcefully – either with the threat of force or heavy taxes. Lahore has been raised many times by Muslim invaders.

    I speak a language(Kannada) spoken for 2000 years by my family, I write in a script which is equally old. I practice customs passed on from generation to generation, peacefully, without force. I celebrate festivals which are so old there is sure way to say when it started. I recite mantras which are an ancient wonderful language, the mother of Indo-European languages of which all of India’s Massive Arabisation is happening. Ramzan is being replaced by Ramadan. Khuda Hafiz is being replaced by Allah Hafiz. I’m sure you fear losing your identity. What you don’t realize is that this identity is an illusion. Your society has ensured you come to despise your real identity, the identity which takes it roots from the soil and smells of the colorful dances, soulful folk music.

    This is the difference between what you are and what I am; what you do and what I..Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    You have no case. Your servility has no bounds. You are blaming Modi for the massive Arabisation happening around you.
    I am a proud Kannadiga and am the son of the soil. Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    Can you show me an instance of a Hindu boy marrying a Muslim girl in Pakistan? If this can’t happen in Pakistan, why do you want this to happen in India? Fair is fair..Recommend

  • Patwari

    Sati. It was mandatory for widows to climb onto the funeral pyres of
    their husbands. Still practiced surreptitiously in some parts
    of Hindustan.
    There are these famous ancient arched gates, One in Jaipur, Another in Jaisalmer and yet another one in possibly Agra,
    What a horrendous heart wrenching custom.
    The World the Caste System. Unique to
    the hindus of Bharat only. No hindu can escape this.
    They are irrevocably trapped inside their castes. Recommend

  • nishant aggarwal

    the only question i would like to ask the author and other legal experts is, can any agreement / treaty between two countries (in this case India and Pakistan) decide to dilute VCCR rules. or the VCCR requires some minimum mandatory rules to be followed irrespective of any bilateral or multilateral agreement and if so then does consular access to foreign national comes under that mandatory rule.Recommend

  • Patwari

    Comment mangled by ET moderators trying to please their
    Hindian masters. This is after all a pro Hindia rag.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    Sati, eh? It’s still practiced you are saying..Can you cite a documented practice of it?

    This is your servile mentality in motion. Going against the religion of your ancestors to please your present masters, even to the extent of lying!

    I’m waiting for you to show me a few recent cases of Sati.
    Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    My Dear Aniqa Sheikh,

    Today is a sad day for you. A Bhakt’s stand has been vindicated and this non-“totalitarian” court has actually ruled in our favor.

    This Bhakti is an Engineer. Even this Engineer knows, based on the facts available in the public domain, that India stands a better chance at winning.

    You might come back and argue that India has not won the case, yet. But, i would beg to differ(Listen to Anoop, the Bhakt slash Engineer. He has been right before and you have you have been wrong) that India’s case so far has been to provide provisional hold on the execution. The actual case will come forward.

    A few suggestions:
    1) Be impartial in your judgement of any situation, not just in law: You know at heart that Military Courts are basically Kangaroo Courts. International Courts will always uphold it. Vienna conventions specify that counselor access has be provided. The bilateral agreement you cite wasn’t even cited by your lawyers, probably because a) it is not registered with UN, b) they don’t want to set a precedent accepting India’s claim of bilateralism to settle all disputes.You ignored this because you were arrogant enough to dismiss others opinion.

    2) You have supported Military Courts. Your Military is now imposing Military courts on civilians! You should be against them, as a student and practitioner of law. Your conduct in justifying its existent is not becoming of a good citizen of your state.

    3) All Humans require Rule of Law. Jadhav is not an Indian, he is a Human Being first. He deserves consular access or any legal aid and you arguing his confession courts is simply disingenuous. You and I both know confessions count if given involuntary and without force. Please keep this in mind. If you will write articles, you should be neutral, like I was and how ICJ was.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    Dude, your lie has been outed by the ICJ.

    Now, I’m sure you will say Pakistan should go ahead and kill Jadhav. I expect this from you. After all you are a Pakistani. I don’t expect you nor your country to stand by anything you say.

    Now, India will build a case that Jadhav is innocent and prove he was kidnapped from Iran. Pakistan will be required to present its evidence like the passports with Muslim name, it claims it has, of Jadhav. If it doesn’t show the evidence to ICJ and that evidence doesn’t stand the scrutiny of the court, ICJ will again rule in favor of India.

    This will drag out for years and eventually India will win. Jadhav will see freedom. Pakistan can lie to its own citizens, but to the world.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    I just finished watching ICJ upholding the Indian version and struck down Pakistani arguments, all of them.

    All I want to say is: Ha ha ha ha ha..Recommend

  • LS

    Awww –I think paki-land missed the memo on Vienna convention and its reach…
    ICJ already ruled that it not only supersedes your kangaroo military courts but also will stay the execution. Tsk Tsk… You should KNOW that ISI was formed BY a certain German (Not pakistanis – because they can’t do much on their own) – Recommend

  • LS

    Like the country their lawyers are also sham.Recommend

  • LS

    Google.. Likelihood – The state or fact of something’s being likely; probability being high of something happeningRecommend

  • LS

    Well criminal can also do what it like despite the judgement handed over by the court. The question is what will be the consequences of NOT following the LAW from international community.Recommend

  • LS

    This futile exercise of “One up Manship” is hallmark of those who have no case but engage in useless jibes that have no meaning. The ground reality is that Lal Masjid has more power than your PM does. ISI/Army has more power than your PM does. While the denizens look at Marauders for guidance and those very marauders are your heroes. Recommend

  • Aman K. Chandran

    Hii Mrs Aniqa Shaikh. I hope the ICJ verdict was to your satisfaction. Oh and by the way, that was Harish Salve for you. He only charged Re.1 for this case. That’s the difference between India and PakistanRecommend

  • Aman K. Chandran

    I would love to see Ms. Sheikh’s reactionRecommend

  • vasan

    Now that ICJ has delivered its verdict, you know who got fooled by whom nowRecommend

  • Tommy Gunn

    Aniqa ji, any comment on the humiliation of Pakistan at ICJ today? LolRecommend

  • vikas

    Hahahahahahahahahaaha.Recommend

  • Kulbhushan Yadav

    Egg on the face, trademark of Pakistan :D.Recommend

  • Kulbhushan Yadav

    It appears Pakistan is the new laughing stock of the world. Recommend

  • Kulbhushan Yadav

    I guess now the nail is in backside of the 200 million Pakistanis and I am sure it must be hurting. Well enjoy it.Recommend

  • sParthiv
  • wb

    Are you still writing illogical things or hiding in a dark cold hole?Recommend

  • wb

    Still hurting from ICJ verdict?Recommend