Kulbhushan was captured by Pakistani Authorities in Pakistani Provence "Baluchistan" . Jadive was involved in terrorism across Baluchistan and other major cities of Pakistan. He was on the back of BLA (Baluchistan Liberation Army) a Separatist terrorist group active in baluchistan. He was funding BLA. He was involved in hundreds of terror attacks in Pakistan.
when Pakistani Authorities Captured in Baluchistan he was trying to inter in iran but they held him before in Pakistani Land.
After investigation Kulbhushan Accepted that he is an Indian SPY and is involved in terrorist activities in Pakistan.
But India said No he is not a spy , he is a business man etc. And took his case to ICJ on base of Viana Conventions Terms. India Asked Pakistan to give counselor Aces to Kalbhushan , while Pakistan motto was " Spy don't have a right to get counselor access".
Klubhoshan Faced a trial in Pakistani Military Court and sentenced Death Penalty. India also Challenged this decision .
Now come toward the Point , Who won Actually?
1. India Challenged Death Penalty in ICJ.
2. India Asked to Safe return of Jadiv to India. As per Viana Convention Terms.
3. India complained that Pakistan didn't Provide Counselor access.
What ICJ decided?
1. Death Penalty will not be finished.
2. Viana Convention Terms Doesn't apply on SPY. So Jadive will stay in Pakistan Custody.
3. ICJ advised to give counselor access, and review the Decision. But ICJ didn't Suspended the original Decision.
One of the judge also add a note that Indian Application was not hearable.
So who won Actually?
It is Proved that MR. JADIVE is SPY. Which india was not ready to accept ,
Death Penalty is not removed , which was the main Part of Indian Application,
Mr. Jadive will stay in Pakistani Custody, India was asking to safe return.
Fact is this ,
Pakistan proved that India is terrorist Country and is involved in terrorism in Pakistan.
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