Hindustan Times (Patna) - - FRONT PAGE - Na­gen­dar Sharma

NEW DELHI: The government ap­pears to be short of op­tions on how to ad­dress the de­mand of the fa­ther of Kargil war hero, the late cap­tain Sau­rabh Kalia, who wants an apol­ogy from Pak­istan for tor­tur­ing his son.

NK Kalia has moved the Supreme Court, de­mand­ing that the government should drag Pak­istan to an in­ter­na­tional ju­di­cial fo­rum for vi­o­lat­ing in­ter­na­tional norms of deal­ing with pris­on­ers of war. He said his son was cap­tured alive and sub­jected to bru­tal tor­ture by Pak­istani forces, be­fore send­ing back his mu­ti­lated body 15 days later.

The government, though sym­pa­thetic, ap­pre­hends a set of prob­lems if the mat­ter is to be re­opened again.

Though Kalia wants the government to move the In­ter­na­tional Court of Jus­tice at Hague, of­fi­cial sources said if the mat­ter is taken up at an in­ter­na­tional fo­rum, it is likely to be re­ferred to the In­ter­na­tional Crim­i­nal Court (ICC), which deals with mat­ters re­lated with pris­on­ers of war.

“The first hur­dle is that nei­ther In­dia nor Pak­istan have ac­cepted the ju­ris­dic­tion of the ICC since last 10 years, there­fore it is un­cer­tain whether the case would even be ad­mit­ted,” said an of­fi­cial.

The next prob­lem is that the Hague court, which came into ex­is­tence in 2002, can­not take up cases which took place be­fore it was set-up.

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