Captain Kalia case: Govt reverses stand on moving ICJ

Bowing to public pressure, government on Monday reversed its stand on the brutal torture of Kargil martyr Captain Saurabh Kalia by Pakistani troops and announced that it could explore the option of moving the International Court of Justice (ICJ) against Pakistan.The government, which had earlier said it was "not feasible" to approach the ICJ, announced a rethink in view of "exceptional circumstances" in the way Capt Kalia was tortured by Pakistani troops after being captured in Kargil in 1999.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." 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, Official Spokesperson in the External Affairs Ministry Vikas Swarup said."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 SC 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.Capt Kalia of the 4 Jat Regiment, was captured by Pakistani troops along with five other Indian soldiers on May 15, 1999. He was tortured gruesomely in captivity before his body was handed over to India. His family was pressing the government to move ICJ since the torture was in violation of the Geneva Convention on treatment of war prisoners.Accusing the UPA government of not acting on the issue, the officer's father moved the Supreme Court where the government took the stand that it cannot move the ICJ as Pakistan may not agree to that. Modi government had also in Parliament said that approaching ICJ was "not found feasible." However, the government's reversal came after public outcry over inaction of the Modi government in the matter. The Supreme Court has also asked the Modi government to make its stand clear through an affidavit by August 25 in the case.