But Pakistan has won. Dr Shabir Choudhry

But Pakistan has won. Dr Shabir Choudhry

1.   Pakistan wanted to hang Kulbushan Yadev because to them he is an enemy agent who killed Pakistani people and arranged acts of terrorism in Pakistan.

·      International Court of Justice says, you can’t hang him, but Pakistan has won.

2.   Pakistan tried Kulbushan Yadev in a military court, where justice is not even available to Pakistanis.

·      ICJ says, review this case, meaning they are not satisfied with the proceedings and judgement of the Military Court. In view of the ICJ, justice was not done to the accused, or he was provided a proper legal defence, which should have been provided to him as an accused; but Pakistan has won, because now:

·      Unlike the military courts, legal role of the Army Chief has ended;

·      The case, if ever tried, will be heard in the High Court, with a right of appeal to the Supreme Court;

·      Full legal defence will be available to the accused;

·      Media and public will be aware of the legal proceedings.

3.   Pakistan did not provide a Counsellor access to the accused, because to them he was a terrorist and did not deserve it.

·      ICJ says, provide him a Counsellor access, but Pakistan has won.

4.   ICJ verdict means, the accused was not treated in accordance with the Vienna Convention.

·      ICJ says, treat him in accordance with the Vienna Convention, but Pakistan has won.

·      It clearly means, Pakistan did not follow rules of the Vienna Convention.

5.   Impact of the ICJ verdict on future terrorists. Unless the accused are killed on spot, their cases will not be heard in Military Courts.

They will be treated under the Vienna Convention.

6.   Instead of hanging him, now Pakistan has to care for their ‘enemy’, just like they cared for Raymond Davies, an American killer.

·      Indian diplomats would be allowed to meet him and see if he is properly looked after in accordance with the Vienna Convention. What a win?

7.   Soon, when this hullaballoo is over, it is possible that he will be sent to India in exchange for some ISI agents who went there to make arrangements for ‘Hajj’ and ‘Umra’.

8.   By all standards, it is a great win. In any case, Pakistan has never lost any war or even a battle against their enemy, India. America, and American drones are a different ball game. Pakistan is not Iran who destroyed American drones as soon they entered their territory.

Who is going to throw a party on this great win of Pakistan? Don’t forget to invite me.