The External Affairs Ministry on Monday said it would seek the permission of the Supreme Court to approach the International Court of Justice on the alleged torture of Capt. Saurabh Kalia by Pakistani forces during the Kargil war.
The announcement came in the wake of a controversy that the BJP-led NDA government was reluctant to approach the ICJ, even though before coming to power in 2014, it had often lashed out at the UPA government for not following up the issue with the international court.
An official spokesperson of the Ministry said the government would approach the Supreme Court for directions as it has reviewed its earlier stand on the issue that approaching the ICJ is “not feasible.”
In an affidavit filed in the SC on September 26, 2013, the government had said New Delhi conventionally held the position that India and Pakistan cannot invoke the compulsory jurisdiction of the ICJ in relation to disputes concerning armed conflicts and hostilities as they are both members of the Commonwealth.
“This position, which was stated in the affidavit filed by the government, has now been reviewed. The Government will be requesting the Supreme Court to pronounce on the legality of the stand, taking into account the exceptional circumstances,” the spokesperson said.
Subject to the Supreme Court’s decision, the government “would be open to invoking the jurisdiction of the International Court of Justice,” the spokesperson said.
Earlier, External Affairs Minister Sushma Swaraj had also said that the government was willing to pursue the case against Pakistan in ICJ if the Supreme Court permitted.
Capt. Kalia, along with five others, was taken prisoner by Pakistani troops during the Kargil war in 1999. They were held captive and allegedly tortured. Their remains were handed back to the Indian authorities on June 9, 1999.
