New Delhi: A day after the central government bowed under pressure and that it could approach the International Court of Justice (ICJ) against the brutal torture of Captain Saurabh Kalia by Pakistan in view of the “exceptional circumstances” of the case, the Kargil martyr’s father NK Kalia expressed optimism.
Responding to government’s stand that 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, NK Kalia said, “I don’t understand much about legal implications, I’m quite optimistic the Supreme Court will take appropriate action.”
“India is a huge nation, it should assert its authority on international forum,” he added. NK Kalia had moved the Supreme Court in 2012, demanding an international probe.
Earlier, he said, "This is not only for Captain Kalia or his family, but for the entire army who is doing everything for the nation."
Captain Kalia’s mother Vijaya said, “(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.”
Yesterday, 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."
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.
