Sarah Khan
The arrest of an Indian spy from Pakistani territory confessing involvement in grave and blatant terrorism and acts of sabotage has exposed the malicious intents of extremist India against Pakistan. In the beginning, Indian government remained silent on the issue of spy. But when Pakistani military court announced death sentence for Indian spy Kulbushan, the Indian government could not bear it anymore and started defending a terrorist involved in number of terror acts inside Pakistan.
When Indian spy cum saboteur Kulbhushan was caught under the disguise of Mubarak Hussain Patel in Balochistan, there was a pin drop silence among Indians at every level. They were dumbfounded, however, with the passage of time, started cooking up stories in the Indian media. That was the time when SushmaSwaraj bragged that Kulbhushan is son of Bharat Mata and to protect him India would go to any extent. Now after India’s leaping to ICJ, it is clear that what she meant.
Quite interesting to note India knocking the ICJ’s door, although not clear that what face India has got to do so? Have they forgotten that famous 1971 case when ICAO honored Pakistan’s demand that India could not deny formers over flight and landing rights? India went to ICJ and got a slap on the other cheek when theICJ ruled against India but India didn’t comply.
Indians learnt the lesson and Parliament passed a law that any dispute with a common wealth country will be resolved bilaterally. Cunning India smartly exploited this law after shooting down Atlantique; a patrol plane of the Pakistan Navy in Indian air space over the Rann of Kutch. When Pakistan contested the case, ICJ upheld India’s position saying that ICJ had no jurisdiction to entertain Pakistan’s claim.
But the law backfired in case of a Kargil causality CaptSaurabh whose father demanded from the govt to take the case of his son to the ICJ. Indian government filed an affidavit in Dec 2014 saying that the ICJ had no jurisdiction over disputes between India and Pakistan*.
It looks that the Indians have a bad habit of exploiting the international forums according to their will and wish.
uddenly Sushma has realized that if the SC gives permission, the government can approach ICJ. Why do the Indians forget that it is India’s own law, ratified by Parliament, which denies the ICJ jurisdiction over this matter? They must wake up and submit to the fact that Kulbhushan was a spy cum saboteur who was caught inside Pakistan red-handed and Pakistan has ample proofs to it.
If the Indians are so ill-informed that they don’t know how a spy or saboteur is treated then they can be quoted few International laws: Geneva Convention, Article 46(1) of the 1977 Additional Protocol I provides: Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy. Article 23 of the 1880 Oxford Manual states: Individuals captured as spies cannot demand to be treated as prisoners of war.
On the other hand, it is intriguing to see a conspicuously biased behaviour of the ICJ right from the moment India filed the petition as manifested in the unprecedented haste shown to put Pakistan on notice in a case where ICJ knew it has no jurisdiction. The ICJ has failed a major credibility test by showing an ‘indecent and unprecedented haste’ in accepting the Indian plea, fixing the public hearing of the case without giving appropriate time to Pakistan to prepare for the case. Moreover, halting execution of a spy cum terrorist is contrary to international law especially when the accused has confessed all treason.
Defending a terrorist, a saboteur committing and even confessing grave human rights violations at ICJ has exposed that India is not only a state sponsoring terrorism, but it can go to any extent to save its terrorists. The case of Indian spy Kulbushan has exposed Indian malicious intent against Pakistan. The spy cum terrorist must not be defended by any international body.
