The Supreme Court on Monday issued a notice to the Centre on a public interest litigation (PIL) seeking a direction to government to move the International Criminal Court (ICC) on the issue of beheading and mutilation of bodies of Indian soldiers by Pakistan.
Acting on a PIL filed by one Sarwa Mitter, a bench of Justice P Sathasivam and Justice JS Khehar asked the government to file a response within four weeks. It tagged the case with another petition that raised the issue of mutilation of another Indian soldier, Captain Saurabh Kalia, who was killed by the Pakistan Armed Forces during the Kargil war.
Mitter’s plea has alleged that the Indian government has failed to take any action against Pakistan before an international forum despite the acts being in violation of the Geneva Convention. It cited the killing of the two jawans on January 8 and blamed the government for failing to prevent such incidents.
The petitioner supported his contention with the statements made by two Union Ministers — external affairs and defence.
“Killing of two jawans of Indian Army, including their beheading is highly heinous and inhuman. Therefore, direct the government to refer actions of Pakistan to the International Criminal Court,” the PIL said, adding, “Pakistan’s actions are contrary to Geneva Convention and action must be taken.”
Earlier, the SC had sought the Centre’s response on the plea of father of Kargil martyr Captain Kalia, who was captured by the Pakistan army and subjected to torture, seeking directions to the government to raise his son’s case at the International Court of Justice at Hague.