The tragic case of torture of Capt. Saurab Kalia, who was captured by Pakistani troops in Kargil war along with his five soldiers, has taken a new turn. So far the Government of India’s stand on the issue was that since India and Pakistan are both members of the Commonwealth, they have formally agreed not to take the cases of violation of Geneva Agreement to the International Court of Justice. This has been the stand of the UPA Government and the NDA Government also reiterated the same stand.
But the present Government seems to have done a re-think on the entire issue. In its new thinking, the Government feels that as an exceptional case, it would be right to approach the International Court of Justice to pronounce its judgment on this case of brutal and inhuman act of torture. Actually the rethinking on the case has been made after the Supreme Court, where the father of the late Captain has filed a case, asked the Union Government to clarify its position on this issue. New Delhi may now submit a fresh affidavit.
While we appreciate the Government’s resolve to open the case at the ICJ, the point is that such international fora have not shown the will and desire to take recourse to justice and ground reality when the question of dispensing any dispute between India and Pakistan is brought to it. Will the ICJ handle India’s complaint on its merits is the million dollar question. We have reservations. New Delhi should take a very calculated and cautious decision on such matters where we know Pakistan is wedded to denial theory. In any case, it is the Supreme Court of India which has first to decide whether it is constitutionally right for India to go to the ICJ. New Delhi shall have to take the time gap also into consideration. Kargil war is sixteen years old.
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