Captain Saurabh Kalia case: Chandrasekhar calls for pursuing case in ICJ

[Hindustani78]

Last Updated: Monday, June 1, 2015 - 15:32
Captain Saurabh Kalia case: Chandrasekhar calls for pursuing case in ICJ | Zee News

Bengaluru: Rajya Sabha Independent MP Rajeev Chandrasekhar on Monday asked the NDA Government at the Centre to pursue the Captain Saurabh Kalia case in the International Court of Justice (ICJ), which is located in The Hague.


"This is a case where a crime has been committed against a brave soldier and his family has been struggling to make sure that justice is done. I have myself petitioned in the ICJ in December 2012, and that petition is pending because the then government (UPA-II) did not think it appropriate to intervene on behalf," Chandrasekhar told ANI.

"I urge the current government to recognise the fact that a crime was committed, and it is the obligation and duty of every government to ensure that crimes against its citizens are not left unpunished. The government must do the right thing and at least pursue the case," he added.

The government has reportedly stated that it was not feasible to pursue the matter in the International Court of Justice (ICJ).

Captain Kalia, along with five other soldiers were taken prisoners by Pakistani troops during the Kargil War in 1999. They were held captive and allegedly tortured before their badly mangled bodies were handed back to the Indian authorities on June 9, 1999.

The site of the tortured bodies caused an uproar across the nation, as the torturing of Prisoners of War (PoW) went against the Geneva Convention.

Meanwhile, Pakistan has consistently denied the charges of torture, stating that the soldiers may have died because of poor weather conditions.

ANI

 

[Ajai Ghale]

Sad

He and his recon team was the first Indian casualty of Kargil war.

 

[Hindustani78]

Pak Army mutilated Capt Saurabh and his soldiers but govt refuses to act
June 1, 2015, agencies:

During the Kargil war in 1999, Captain Saurabh Kalia and his soldiers Arjunram Baswana, Mula Ram Bidiasar, Naresh Singh Sinsinwar, Bhanwar Lal Bagaria and Bhika Ram Mudh were captured by the Pakistani Army and brutally killed.

The autopsy of their bodies showed that their ear drums were pierced with hot iron rods, eyes were punctured, limbs were chopped off, teeth broken, skull fractured and genitals were cut off, as reported in IBNLive.com.

Even after these horrifying revelations, the Centre has refused to move the International Court of Justice and take an action against the Pakistan Army.

While Captain Saurabh Kalia's father, NK Kalia wants the government to approach the International Court of Justice, India doesn't want ICJ's interference as it feels it's a bilateral issue.

On the other hand, the Pakistan government claims that Capt Kalia and his soldiers died due to extreme weather conditions in the mountainous terrain.

 

[Juggernautjatt]

An old video in which Pak soldier admitting that they killed Captain Saurabh Kalia. On the other hand Pakistan government claimed that Capt. Kalia may have been killed by extreme weather.

 

[Areesh]

The case is all over as per Government of India too. Move on.

 

[Bang Galore]

While Captain Saurabh Kalia's father, NK Kalia wants the government to approach the International Court of Justice, India doesn't want ICJ's interference as it feels it's a bilateral issue.

ICJ is not an option, India's own conditions include no jurisdiction on matters with Pakistan. More importantly, Capt.Kalia and his men were avenged in the year 2000 itself. No point in dragging this out now.

 

[Nicky G]

The case is all over as per Government of India too. Move on.

No its not. Government will change petition in SC and ask them if they can move ICJ.

https://twitter.com/x/status/605354208615759873

Exceptional case require exceptional treatment. Necessary change of stance by Modi government.

 

[Hindustani78]

ICJ is not an option, India's own conditions include no jurisdiction on matters with Pakistan. More importantly, Capt.Kalia and his men were avenged in the year 2000 itself. No point in dragging this out now.

External Affairs Minister Sushma Swaraj on Sunday spoke on various issues ranging from India and Pakistan relationship

Talking about the stalled dialogue process between the two countries, she made it clear that India is ready to solve all issues in a peaceful manner, adding to that, "no third party will be involved in the dialogue between India and Pakistan." Third point she made while talking about the dialoogue process was that the talks should take place in a non-violent zone.

 

[Areesh]

No its not. Government will change petition in SC and ask them if they can move ICJ.

https://twitter.com/x/status/605354208615759873

Exceptional case require exceptional treatment. Necessary change of stance by Modi government.

Good for you.

 

[Bang Galore]

No its not. Government will change petition in SC and ask them if they can move ICJ.

https://twitter.com/x/status/605354208615759873

Exceptional case require exceptional treatment. Necessary change of stance by Modi government.

Pretty much BS. India would be committing suicide taking this matter to the ICJ. GoI is well aware of the precedence that it might set.

 

[Nicky G]

Pretty much BS. India would be committing suicide taking this matter to the ICJ. GoI is well aware of the precedence that it might set.

That's debatable but let the SC decide. That's the proper way forward.

 

[Spring Onion]

the SC already asked Govt of India to act BUT GOI knows it cannot carry the case to ICJ because Indian atrocities would be exposed at ICJ as Indian Army officials on record claimed Indian army had beheaded Pakistani soldiers first .

Go to ICJ but Pak-China corridor still stays

 

[Hindustani78]

India mulls dragging Pak to ICJ over Kargil martyr Kalia - The Hindu

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.
Reversing its earlier stand, India on Monday 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.”

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.

the SC already asked Govt of India to act BUT GOI knows it cannot carry the case to ICJ because Indian atrocities would be exposed at ICJ as Indian Army officials on record claimed Indian army had beheaded Pakistani soldiers first .

Go to ICJ but Pak-China corridor still stays

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.”

 

[Hindustani78]

India has no concrete policy towards Pakistan: Kargil martyr Saurabh Kalia's father | Zee News


Minister of State for Foreign Affairs VK Singh, himself a retired General and Army chief, had recently replied: "The attention of the international community has already been drawn to these heinous and barbaric acts of Pakistan Army, including through a statement to the UN General Assembly on September 22, 1999, and to the Commission of Human Rights in April 2000."

"The possibility of seeking legal remedies through the international courts was also thoroughly examined, but not found feasible," said VK Singh in his reply, forwarded by Chandrasekhar to Kalia.

After media on Monday reported the government's stand in the Supreme Court on the case filed by the family of Captain Kalia, External Affairs Ministry spokesperson Vikas Swarup said in a statement that India has "conventionally held the position that India and Pakistan cannot invoke the compulsory jurisdiction of the International Court of Justice in relation to disputes concerning armed conflicts, hostilities etc and as they are both members of the Commonwealth".

"This position, which was stated in the affidavit filed by the government on September 26, 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," he said.

Earlier, External Affairs Minister Sushma Swaraj said that the government will seek the Supreme Court's permission to move the ICJ on the issue.

"We will go to the international court if the Supreme Court allows it," she told reporters.

She said the government would change its affidavit in the top court accordingly.

"We shall ask the apex court about what we can do. If they allow us to approach the ICJ, then we shall do so," she said.

 

[Hindustani78]

Efforts to trace Indian prisoners of war in Pak. jail draws a blank: Centre to SC - The Hindu
Updated: September 1, 2015 19:49 IST

The Centre on Tuesday told the Supreme Court that efforts to gather information from the Pakistan government about prisoners of war (POW) from 1965 and 1971 drew a blank with the neighbouring country refusing to accept even their existence.

“What is your understanding? Are they dead or alive?” Justice T.S. Thakur asked Solicitor General Ranjit Kumar, who represented the Ministry of Defence.

“We have tried everything, but nothing worked out with them (Pakistan). They are not even willing to accept that there are Indian POWs in their jails,” Mr. Kumar submitted.

There are 54 personnel from various forces, including the Army, Air Force, Navy and the Border Security Force, believed to be held captives in Pakistan's jails.

Mr. Kumar read out in court a few excerpts from the book 'Bhutto – Trial and Execution' by senior BBC reporter Victoria Schofield in which former Pakistan Prime Minister Zulfikar Ali Bhutto recounts his experience of hearing “horrific shrieks and screams in the dead of the night” from Indian Prisoners of War of 1965 and 1971 kept in a cell next to his in Kot Lakhpat prison.

Justice Thakur asked during the hearing why the Indian government did not approach the International Court of Justice (ICJ) for getting information about the prisoners from Pakistan.

“What is the problem? If a dispute over the waters in rivers Jhelum and Chenab can be moved, why cannot you move the ICJ on this?” Justice Thakur asked.

To this, Mr. Kumar said that India faced reservations as a Commonwealth nation under the ICJ's jurisdictional laws in moving against Pakistan in matters concerning hostilities and armed conflicts.

In September 2014, reacting to arguments by the Centre that “rows between India and Pakistan can only be governed by the Shimla pact under which all issues are to be settled bilaterally and no party can approach the ICJ unilaterally”, the court had responded that then the government should then take the initiative.

“Why don’t you give it a try? Why do you foresee Pakistan will not concede to the demand? Life is a roller-coaster,” the court had then asked.

In May, the Supreme Court had slapped a Rs. 20,000 fine on the Centre over its perceived failure to file details about 54 defence personnel languishing in Pakistani jails.

The court was hearing a batch of petitions including the one filed by N.K. Kalia, the father of Kargil martyr Captain Saurabh Kalia, who was reportedly subjected to brutal torture in captivity by the Pakistan Army in 1999.

Further to a question whether the government has complied with the directions issued by the Gujarat High Court in relation to release of retrial benefits in favour of the next of kin of soldiers who were said to be languishing in Pakistani jails, Mr. Kumar said this is already being done and their salaries of the POWs had been paid till their retirement.

“So do you presume that they (POWs) may be dead?” Justice Thakur asked. The court will continue to hear the matter on September 8.