Palampur (Himachal Pradesh): It has been 14 years since their son was captured by the Pakistani army at the icy heights of Kargil in Jammu and Kashmir in 1999. After weeks of torture, they were handed his mutilated body.
Kargil hero Capt. Saurabh Kalia’s father N.K. Kalia and mother Vijaya Kalia are still struggling for justice.
The elderly couple, which is settled here, had moved the Supreme Court last December.
Since then, they are awaiting the Indian government’s reply on their plea for referring their son’s torture to the International Court of Justice (ICJ).
Acting on their petition, the Supreme Court issued notice to government Dec 14 and gave it 10 weeks to respond but the centre is yet to do so.
Counsel Arvind Kumar Sharma, who is based in Delhi, told IANS that the case is likely be listed for hearing in August.
An apex court bench of Justice R.M. Lodha and Justice Anil R. Dave issued notice after the court was informed that the victim’s family had approached the defence ministry seeking that the matter be referred to the ICJ as their son’s treatment violated the Geneva Convention.
“We have approached the defence ministry a number of times to pursue the case appropriately with Pakistan and UN authorities, but we have failed to get any response. Now, our hopes to get justice rest on the government’s assurance to the court,” said Kalia, who retired as a senior scientist from the Council of Scientific and Industrial Research (CSIR).
He said they only want that the people behind the gruesome murder should be identified and punished so that in future no Indian soldier underwent the same fate.
Capt. Saurabh of the 4 Jat Regiment was the first army officer to report the incursion by the Pakistani Army on Indian soil.
He and five soldiers – Arjun Ram, Bhanwar Lal Bagaria, Bhika Ram, Moola Ram and Naresh Singh – were on a patrol of the Bajrang Post in the Kaksar sector of Jammu and Kashmir when they were taken captive by Pakistani troops May 15, 1999.
They were tortured for weeks before being killed. Their mutilated bodies were handed over to India June 9, 1999.
“Since an individual cannot move the International Court of Justice, we are seeking directions to the Indian government to move the international court,” Kalia added.
The apex court, while listening to the petition, initially had reservations in entertaining it on account of the scope of its jurisdiction to pass orders on an issue that involves two sovereign countries.
In a poser, the court asked: “Can a court issue a mandamus in a matter like this is a question. They (ICJ) are created by treaties where both states’ (countries) consent is required.”
“We know the facts of the case. But can the court ask Union of India to take the matter to ICJ? We tag this matter with another matter as it involves the question of a very wide reification internationally.”
Underlining that “being the highest court we have to pass order within the four corners of the constitution”, the court said: “We need to first pass this hurdle as to the extent to which we can pass order. We do feel it requires some serious determination of the question of law.”
India lost 527 soldiers and Pakistan upwards of 700 in the Kargil conflict. (IANS)