The Supreme Court on Friday sought response from the Centre on Kargil martyr Capt Saurabh Kalia's father's plea seeking its direction to the government for raising the case of his son's torture at the hands of Pakistan Army at the International Court of Justice.
A Bench headed by Justice R M Lodha issued notice to the Centre and sought response within ten weeks on a petition filed by Captain Kalia's father N K Kalia.
The Bench, sympathising with Kalia's agony, however, said it would examine whether it can direct the government to raise this issue at the international forum before passing such an order.
It, however, said the Centre is free to raise the issue on its own before any international forum.
“We fully share your agony. But what is the role of the court? Can we direct India to take up with the International Court of Justice?
“It is the highest court and our orders should be within the four corners of the Constitution. This is an important issue. If the government wants it can take up the issue with the ICJ and there is no need for our interference,” the Bench said.
Advocate Arvind K Sharma, however, pleaded that the government should be asked to respond on what actions it has taken during the last 13 years.
The Bench then issued notice to Ministry of Defence, Home Affairs and External Affairs and sought their response within 10 weeks.
Earlier on November 27, N K Kalia had moved the apex court seeking its direction to the government to raise his son's case at the International Court of Justice at the Hague.
He had alleged that his son Capt Sourav Kalia, posted with the 4 Jat Regiment (Infantry), 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 and kept in captivity where they were tortured and their bodies mutilated.