My opinion on the above points/counter points:
There is a fundamental difference between a "spy" and a "terrorist". A spy when caught in times of war is generally executed / shot with summary trial. During peace times, spies that are caught are tried and usually jailed with the hope of being traded later. Terrorists, on the other hand are tried and jailed/executed at all times, depending on the law of the land.
First thing first: Be realistic and practical about the situation at hand.
KJ
may have been a mid-level spy master (on camera, he confessed to this, whether has was coerced or not) but was tried as a terrorist. No credible proofs linking him as a terrorist to
actual acts of violence were provided (viz, of him being a terrorist - just anecdotal BS in cyclo-styled dossiers which not many have seen and that even many educated pakis will not believe if released to the general public). Pakis framed terror and murder charges against KJ (who had no legal representation), tried him in a military court run by military judges behind closed doors, and sentenced him to death for
terrorism. Then this mockery of a malsic-inspired staged meeting between KJ and his family, which lends further ammunition to the Indian claim that KJ was unfairly and improperly tried. Now that the cat is out of the bag, pakis know that their legal action has no basis or precedence.
Kasab was
caught in the act of committing terrorism - eye witnesses, videos, photos. He was tried and sentenced with ample proof in an open civil court under the law of the land for committing murder and waging war against India.
http://www.lawyersclubindia.com/article ... 5-8013.asp. Pakis denied that kasab was their citizen but did not prevent his execution. The law of the land took over. For obvious reasons.
OPTIONS
ICJ should have a field day on L'affaire KJ. It will be better for the pakis to exchange KJ for one of their own, and claim symbolic-spiritual victory, than be ridiculed in an international court where their legal system will certainly be examined and mocked.
India should accept KJ as a low level, semi-retired, independently operating intelligence officer
based in Iran but not directly responsible for any act of violence in pakhanistan, and then work hard to get him back. That would be a victory for Indian clout and diplomacy. No point trying to disown him or classify him as a private citizen, and then make all this noise.
Civil nations do this horse trading all the time. Sushmaji
may even offer visa-on-arrival for the first 100 paki kids under 6 years of age who require unavailable urgent surgical care in the land of the pure.
Just my opinion.
. Has the fauj usurped this lucrative civilian sector and made an entrant in the lucrative liqour and entertainment market yet . Am sure that some of them must be "moonlighting" on the side 
