India has opened the possibility of knocking the door of International Court of Justice (ICJ) against the heinous torture of Kargil Martyr Captain Saurabh Kalia by Pakistan. The exceptional circumstances of the case and enormity of the torture have led the government to do so.
However, the Supreme Court will have to pronounce on the legality of its stand on India’s inability to invoke the compulsory jurisdiction of ICJ about armed conflicts with Pakistan because both are Commonwealth countries.
“Subject to above, government would be open to invoking the jurisdiction of the International Court of Justice,” official spokesperson in the External Affairs Ministry Vikas Swarup said.
Meanwhile, Sushma Swaraj confirmed that if the SC gives a positive nod then the issue will be dragged to ICJ.
However the parents of martyr Saurabh Kalia, though thankful to Centre for approaching ICJ, said that they would be assured if only some concrete action is taken. Captain Kalia’s mother said that for 16 years the government claimed its inability to do anything and now it is the time for action.
Citing the assurances by PM Atal Bihari Vajpayee that did not consolidate into any action, the parents affirmed the need for the definitive step.
Martyred soldier’s father said that these steps won’t be for his son only but for the entire army that takes its life for the country.
Captain Kalia was captured alive in 1999 by Pakistan when he was on Patrol duty in Kargil, and his body was severely mutilated when returned after 15 days.
The limbs and genitals were cut, his eyes and ears were punctured, the body was badly mutilated and bones were broken.
His father moved to Supreme Court in 2012 to ask for an International probe in the matter because of the severity of the case.