Will you move ICJ in Captain Kalia’s case? SC asks Centre

[Laughing_soldier]

ew Delhi: The Supreme Court on Friday issued a notice to the Centre on a plea by the father of Kargil hero captain Saurabh Kalia seeking its direction to the government to raise his son's case at the International Court of Justice (ICJ) at Hague.

Captain Saurabh Kalia was allegedly captured and brutally killed by the Pakistani Army during the war in 1999.

A two-member bench of Justice RM Lodha and Justice Anil R Dave also asked the Centre whether courts can interfere in such cases.

The court was initially reluctant to issue notice on the grounds that the matter involved two countries and the Indian government should take up the issue with the ICJ.

At this, the court was told that Capt Saurabh Kalia's family has made every effort to seek justice. They had requested the Defence Ministry, which in turn said that matter has been referred to the Prime Minister's Office, which in turn said the matter was under the consideration of the External Affairs Ministry.

The court gave the Centre 10 days time to respond to the petition.

NK Kalia has also filed a petition before the UN Human Rights Commission demanding justice for his son. The External Affairs Ministry has said that it would look at the nature of NK Kalia's petition as the UNHRC look into only inter-state issues raised by its members.

NK Kalia has alleged that his son was captured as a prisoner of war but was killed in a gruesome manner in violation of the Geneva Convention.

Capt Kalia and five other soldiers of his patrolling team were captured alive on May 15, 1999 by Pakistani troops and kept in captivity where they were tortured and their bodies mutilated. Their bodies were handed over to the Indian side later.

The Army has promised full support to Kalia and his family. Will you move ICJ in Captain Kalia

 

[Laughing_soldier]

Read the bold part.... We don't need to go to ICJ, we need revenge, these beasts should be removed from this earth forever. Its not a coincidence what is happening in Pakistan now a days, these all are result of this extremism. By the this is just a start ... you guys always talk about Allah and religion... all these sins will not wash away without any consequences.


Saurabh Kalia - Wikipedia, the free encyclopedia

On May 15, 1999 Saurabh Kalia along with five soldiers - Sepoys Arjun Ram, Bhanwar Lal Bagaria, Bhika Ram, Moola Ram and Naresh Singh[7] of the 4 Jat Regiment had gone for a routine patrol of the Bajrang Post in the Kaksar sector in the rugged, treeless Ladakh mountains. After a continuous cross fire with Pakistan armed forces from across the LoC, he and his troops ran out of ammunition. They were finally encircled by a platoon of Pakistan rangers and captured alive before any Indian reinforcement could reach for their help. No trace of this entire patrol was left meanwhile Radio Skardu of Pakistan announced that Lt. Saurabh Kalia had been captured by the Pakistani troops.[8] [3] It was after this that India discovered hundreds of guerrillas had established fortified positions on the peaks of the hills deep inside the Indian side of the Line of control, with sophisticated equipment and supply lines back to Pakistan-controlled Kashmir.[1]

Captain Kalia and his men were in captivity for over twenty-two (May 15, 1999 – June 7, 1999) days and subjected to torture as evident from their bodies handed over by Pakistan Army on June 9, 1999.[3] The postmortem revealed that the Pakistan army had tortured their prisoners by burning their bodies with cigarettes, piercing ear-drums with hot rods, puncturing eyes before removing them, breaking most of the teeth and bones, fractures of the skull, cutting the lips, chipping of nose, chopping off limbs and private organs of these soldiers besides inflicting all sorts of physical and mental tortures and finally shooting them dead, as evidenced by the bullet wound to the temple. The postmortem report also confirmed that injuries were inflicted ante-mortem (before death)

 

[ptltejas]

Same has been happening now or happened with 1971 soldiers kept at pak jails. the India had given Royal treatment to the Pak war prisoners (90,000+) http://www.defence.pk/forums/indian...greement-win-war-battle-field-loss-table.html "The Hell politicians require the same treatment as kalia.

 

[Spring Onion]

Read the bold part.... We don't need to go to ICJ, we need revenge, these beasts should be removed from this earth forever. Its not a coincidence what is happening in Pakistan now a days, these all are result of this extremism. By the this is just a start ... you guys always talk about Allah and religion... all these sins will not wash away without any consequences.


Saurabh Kalia - Wikipedia, the free encyclopedia

On May 15, 1999 Saurabh Kalia along with five soldiers - Sepoys Arjun Ram, Bhanwar Lal Bagaria, Bhika Ram, Moola Ram and Naresh Singh[7] of the 4 Jat Regiment had gone for a routine patrol of the Bajrang Post in the Kaksar sector in the rugged, treeless Ladakh mountains. After a continuous cross fire with Pakistan armed forces from across the LoC, he and his troops ran out of ammunition. They were finally encircled by a platoon of Pakistan rangers and captured alive before any Indian reinforcement could reach for their help. No trace of this entire patrol was left meanwhile Radio Skardu of Pakistan announced that Lt. Saurabh Kalia had been captured by the Pakistani troops.[8] [3] It was after this that India discovered hundreds of guerrillas had established fortified positions on the peaks of the hills deep inside the Indian side of the Line of control, with sophisticated equipment and supply lines back to Pakistan-controlled Kashmir.[1]

Captain Kalia and his men were in captivity for over twenty-two (May 15, 1999 – June 7, 1999) days and subjected to torture as evident from their bodies handed over by Pakistan Army on June 9, 1999.[3] The postmortem revealed that the Pakistan army had tortured their prisoners by burning their bodies with cigarettes, piercing ear-drums with hot rods, puncturing eyes before removing them, breaking most of the teeth and bones, fractures of the skull, cutting the lips, chipping of nose, chopping off limbs and private organs of these soldiers besides inflicting all sorts of physical and mental tortures and finally shooting them dead, as evidenced by the bullet wound to the temple. The postmortem report also confirmed that injuries were inflicted ante-mortem (before death)

They were already dead and their deadbodies handed over to Indian army safe and sound.

The INDIAN army insulted their own dead by torturing their dead bodies just to blame Pakistan.

 

[ptltejas]

They were already dead and their deadbodies handed over to Indian army safe and sound.

The INDIAN army insulted their own dead by torturing their dead bodies just to blame Pakistan.

Yeah Pak Militery and people are like the saint and kind one.............we just forget that. ok

 

[Spring Onion]

Yeah Pak Militery and people are like the saint and kind one.............we just forget that. ok

Yes saint enouh to free your other officer in one piece alive.

If the bodies were in such a bad condition we would have opted for disposing these off instead of handing over.

 

[arp2041]

IMHO we are taking Captain Kalia's case a bit too far, He was a SOLDIER who died for the FREEDOM & INTEGRITY of the nation, now pls let him die like a soldier, why bring ICJ etc. to the picture & disrespect the MARTYR. This is just a thought, one can always disagree with me.

 

[Kinetic]

IMHO we are taking Captain Kalia's case a bit too far, He was a SOLDIER who died for the FREEDOM & INTEGRITY of the nation, now pls let him die like a soldier, why bring ICJ etc. to the picture & disrespect the MARTYR. This is just a thought, one can always disagree with me.

I will advice you the same when your brother face the same fate like Cpt Kalia and his mates.

They were already dead and their deadbodies handed over to Indian army safe and sound.

The INDIAN army insulted their own dead by torturing their dead bodies just to blame Pakistan.

See .. you will never change... Karachi... taliban... jehadi culture... secterian killings.... extremism in your society will just go on.

 

[Sashan]

Well done SC. As long you are there, the check will be there on the politicians in the center. I understand it is extremely difficult for Capt. Kalia's parents to move on with their lives. The GOI has done nothing in this matter and that is not the way to treat a hero or hero's family. I do not expect the justice to be served but atleast the support from GOI would have helped these parents. Rather these stupid morons are hosting another one who had the temerity to claim that weather would have done this.

P.S - And for fellow Indians - please do not insult those parents by attaching an expiry date to their plight.

 

[arp2041]

I will advice you the same when your brother face the same fate like Cpt Kalia and his mates

I agree that i m not the right person to talk on this issue as i haven't gone through this feeling as to how it feels when ur loved one dies such a horrible death, but it was just a thought & i have the utmost respect for our soldiers, sorry if i hurt ur feelings or of any other member.

Just to add further, this was the same thing Col. Ajai Shukla said on NDTV:

Kargil martyr forgotten? A father's fight for justice Video: NDTV.com

 

[selvan33]

it is common. all the military personnels doing the same in prisoners. but i still doubt that pakistan will respond to this case.

 

[Bang Galore]

Well done SC. As long you are there, the check will be there on the politicians in the center. I understand it is extremely difficult for Capt. Kalia's parents to move on with their life. The GOI has done nothing in this matter and that is not the way to treat a hero or hero's family. I do not expect the justice to be served but atleast the support from GOI would have helped these parents. Rather these stupid morons are hosting another one who had the temerity to claim that weather would have done this.

You are being unfair. There have been governments of opposing colour in power and they have done nothing. With a reason. When India joined the ICJ, they put in a condition, that it cannot interfere with any matters relating to commonwealth countries without permission from both countries; primarily to prevent Pakistan from starting something daily. India invoked this clause in the Atlantique incident and was why the ICJ didn't even bother looking at the Pakistani case. India does not want to alter that position and while there is sympathy for Capt.Kalia's family, the Indian government does not want to open up a precedent on a case guaranteed to go nowhere.

 

[Badbadman]

Yes saint enouh to free your other officer in one piece alive.

If the bodies were in such a bad condition we would have opted for disposing these off instead of handing over.

Yeah Right Saint enough that you don't even accept your own soldiers bodies

 

[arp2041]

You are being unfair. There have been governments of opposing colour in power and they have done nothing. With a reason. When India joined the ICJ, they put in a condition, that it cannot interfere with any matters relating to commonwealth countries with permission from both countries; primarily to prevent Pakistan from starting something daily. India invoked this clause in the Atlantique incident and was why the ICJ didn't even bother looking at the Pakistani case. India does not want to alter that position and while there is sympathy for Capt.Kalia's family, the Indian government does not want to open up a precedent on a case guaranteed to go nowhere.

Agree with u, we should also look at the prospect of Pakistan opening cases of human rights abuses in Kashmir by India & get a chance to internationalize the issue, this opportunity to the GOP will be given by none other than GOI itself.

 

[ajtr]

You are being unfair. There have been governments of opposing colour in power and they have done nothing. With a reason. When India joined the ICJ, they put in a condition, that it cannot interfere with any matters relating to commonwealth countries with permission from both countries; primarily to prevent Pakistan from starting something daily. India invoked this clause in the Atlantique incident and was why the ICJ didn't even bother looking at the Pakistani case. India does not want to alter that position and while there is sympathy for Capt.Kalia's family, the Indian government does not want to open up a precedent on a case guaranteed to go nowhere.

so sending Lt.Kalia's case opens the Pandora's box for Goi's of its own wrong doing in say for example in Atlantique case ,then case can be made out even for all wrong doings of GOI in say kashmir or say in goa annexation hyd annexation junaghad annexation etc etc.so in that case every dispute of india can with its neighbours can be taken to ICJ.hence GOI is dissuading Lt.Kalia's parents from going to ICJ.In that case i'm not far from being true that life of IA is like a slave to the politician masters that its dead soldiers cant even ask for justice form the politician masters.

Agree with u, we should also look at the prospect of Pakistan opening cases of human rights abuses in Kashmir by India & get a chance to internationalize the issue, this opportunity to the GOP will be given by none other than GOI itself.

chor ki dhadi maintinka.