We're open to moving ICJ on torture of Kargil martyr Saurabh Kalia if SC allows: Centre

New Delhi: Reversing its earlier stand, India said it could approach the International Court of Justice (ICJ) against the brutal torture of Kargil martyr Captain Saurabh Kalia by Pakistan in view of the “exceptional circumstances” of the case.

The government will be requesting the Supreme Court to pronounce on the legality of its stand that India cannot invoke the compulsory jurisdiction of the ICJ in relation to disputes concerning armed conflicts, hostilities etc with Pakistan as they were commonwealth countries.

However, taking into account the “exceptional circumstances” of the case, it will ask whether it could move ICJ.

Official spokesperson in the External Affairs Ministry Vikas Swarup said in the case filed by the family of Kargil martyr Capt Kalia in the Supreme Court, the government has held the conventional position under the Commonwealth provisions.

“This position, which was stated in the affidavit filed by the Government on 26 September, 2013, has now been reviewed. Government will be requesting the Supreme Court to pronounce on the legality of the stand, taking into account the exceptional circumstances.

“Subject to above, government would be open to invoking the jurisdiction of the International Court of Justice,” the Spokesperson said.

Meanwhile, External Affairs Minister Sushma Swaraj in Udaipur, said the government discussed and reviewed the position held by it and previous governments on the issue.

“It has been decided that the way Capt Kalia was tortured created ’exceptional circumstances’ and therefore, the government will change its affidavit in the Supreme Court and ask whether under legal provisions they could move ICJ. If the Court gives a nod, then we will take the issue to ICJ.”

Do something concrete: Capt Kalia’s parents urges Centre

Parents of Kargil martyr Saurabh Kalia thanked the Centre for indicating that it could approach the International Court of Justice against his brutal torture by Pakistan but said they will believe its assurances only if these are backed by concrete action.

“(External Affairs Minister) Sushma Swaraj has said but has not done anything. After 16 years, a government says that we cannot go to the International court. Today she is saying that we can. So many years have passed by now. It is time for them to take action. If you want to do something then do it,” Captain Kalia’s mother, Vijaya said.

“Whatever Sushma Swaraj has said today, I am thankful to her, but do something concrete. Only then will I believe you,” mother of the slain Kargil war hero said.

The parents said the then Prime Minister Atal Behari Vajpayee had assured them of all possible action against the alleged atrocity, but nothing has been done.

“The then Prime Minister Atal Behari Vajpayeeji had promised us that this issue would be raised with the Pakistan and also on the international level. But I don’t think in last 16 years, any government has taken a strong and concrete step.

“This is not only for Captain Kalia or his family, but for the entire army who is doing everything for the nation,” said N K Kalia, father of the martyred solider.

Captain Kalia and five other soldiers were captured alive on 15 May, 1999 by Pakistani troops when they had gone out for patrol duty in Kaskar area of Kargil. They were kept in captivity where they were tortured and their bodies mutilated, triggering outrage in the country. Their bodies were handed over to the Indian side after 15 days.

Captain Kalia’s ear drums were punctured with hot rods, his eyes were punctured and his limbs and genitals had been cut off. Most of his teeth and bones had also been broken.

N K Kalia, the father of the martyred soldier, had moved the Supreme Court in 2012, demanding an international probe.

PTI