<p>The Union government has contended before the Supreme Court that there was “no legal basis” for it to bring up actions against Pakistan at International Court of Justice (ICJ) over the killing of Kargil martyr Captain Saurabh Kalia.<br /><br /></p>.<p>Kalia was reportedly subjected to brutal torture in captivity by the Pakistan Army in 1999.<br /><br />India cannot unilaterally invoke the jurisdiction of the ICJ since issues relating to armed conflicts or hostilities were out of the ambit of the bilateral agreement between the two countries, the Ministry of External Affairs said in an affidavit in the court.<br /><br />Since Pakistan already termed the allegations on Kalia’s torture and killing “absurd,” it is highly unlikely that it would consent to the proposal to submit the case to the ICJ, the government said.<br /><br />MEA’s response came on the court’s notice following a PIL by Kalia’s father N K Kalia.“Seeking remedies against a foreign state is not amenable under Article 32 (writ jurisdiction), where only infraction of a legal right is remedied. Accordingly, the subject matter (the PIL) is not amenable to the mandamus jurisdiction of the Supreme Court as the issue involved is not of law but relates to foreign policy,” the affidavit said.</p>
<p>The Union government has contended before the Supreme Court that there was “no legal basis” for it to bring up actions against Pakistan at International Court of Justice (ICJ) over the killing of Kargil martyr Captain Saurabh Kalia.<br /><br /></p>.<p>Kalia was reportedly subjected to brutal torture in captivity by the Pakistan Army in 1999.<br /><br />India cannot unilaterally invoke the jurisdiction of the ICJ since issues relating to armed conflicts or hostilities were out of the ambit of the bilateral agreement between the two countries, the Ministry of External Affairs said in an affidavit in the court.<br /><br />Since Pakistan already termed the allegations on Kalia’s torture and killing “absurd,” it is highly unlikely that it would consent to the proposal to submit the case to the ICJ, the government said.<br /><br />MEA’s response came on the court’s notice following a PIL by Kalia’s father N K Kalia.“Seeking remedies against a foreign state is not amenable under Article 32 (writ jurisdiction), where only infraction of a legal right is remedied. Accordingly, the subject matter (the PIL) is not amenable to the mandamus jurisdiction of the Supreme Court as the issue involved is not of law but relates to foreign policy,” the affidavit said.</p>
