SC asks Centre to take Capt Kalia's case to ICJ

The Supreme Court today issued notice to the Centre over a plea filed by martyred Kargil war hero Captain Saurabh Kalia’s parents seeking permission to take up the matter at International Court of Justice.

Captain Kalia’s father, NK Kalia had approached the United Nations to secure justice for his son who was captured, tortured mercilessly and then brutally killed by the Pakistani Army.

A bench headed by justice R M Lodha issued notice to the Centre and sought response within ten weeks on a petition filed by Captain Kalia’s father, N K Kalia.

The bench, sympathising with Kalia’s agony, however, said that it would examine whether it can direct the government to raise this issue at the international forum before passing such an order. It, however, said that the Centre is free to raise the issue on its own before any international forum.

“We fully share your agony. But what is the role of the court? Can we direct India to take up with the International Court of Justice?  “It is the highest court and our orders should be within the four corners of the Constitution. This is an important issue. If the government wants it can take up the issue with the ICJ and there is no need for our interference,” the bench said.

Advocate Arvind K Sharma, however, pleaded that the government should be asked to respond on what actions it has taken during the last 13 years.  The bench then issued notice to Ministry of Defence, Home Affairs and External Affairs and sought their response within 10 weeks.

In the petition, Kalia urged the United Nation Humans Rights Commission to ensure that a full and independent investigation is opened immediately, and to conduct an enquiry into the matter and ascertain those responsible for the torture and death of Captain Kalia.

Kalia alleged that his son was captured as a prisoner of war but was killed in a gruesome manner in violation of the Geneva Convention. The petition is now with Juan Menendez, special rapporteur on torture at the Human Rights Council.

He had recently moved the Supreme Court seeking its direction to the government to raise his son’s case at the International Court of Justice at Hague.

“We want that at least Pakistan should admit it and apologise that yes, our soldiers have done it and we will not be doing such things to any other soldier ever,”  Kalia had said.

Capt Kalia and five other soldiers of his patrolling team were captured alive on 15 May, 1999 by Pakistani troops and kept in captivity where they were tortured and their bodies mutilated. Their bodies were handed over to the Indian side later.

With inputs from PTI