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. <g data-gr-id="23">Government</g> 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' <g data-gr-id="22">and</g> therefore, the government will change its affidavit in the Supreme Court," she said.