Supreme Court notice to Centre on plea by Pak-detained Major's wife seeking ICJ proceedings against Pakistan to release Indian PoWs

The Supreme Court on Wednesday issued notice in a Public Interest Litigation Petition (PIL) filed by the wife of Major Kanwaljit Singh, a prisoner of war (PoW) detained by Pakistan since 1971, seeking effective mechanism for enforcement and protection of PoWs right to life [Mrs Jasbir Kaur v Union of India]..Pertinently, the plea also prayed for a direction to the Government of India to initiate proceedings against Pakistan to ensure release of all Indian PoWs detained in Pakistan. A Bench of Justices DY Chandrachud and Surya Kant observed that the plea raises an important issue, and sought the response of the Central government. “It is an important matter. Notice issued. To be listed after 3 weeks. Liberty to serve through standing counsel," the Court said. The plea has been filed by Jasbir Kaur, the wife of Major Kanwaljit Singh and Bir Bahadur Singh, a retired soldier of the Indian Army who is the Secretary General of Voice of Ex Servicemen Society. The plea arraigned External Affairs Ministry, Defence Ministry and Chief of Army Staff as respondents..The plea said that the Kaur's husband is among the 54 known PoWs detained by Pakistan since the 1971 Indo-Pak war. "Domestic and third party evidence had surfaced from time to time, with regards their illegal and torturous detention in the Pakistani jails, in utter disregard for fundamental human rights, local and international laws, more specifically the Geneva Convention for Treatment of Prisoners of War. There could be more of them, however the matter of these 54 PoWs stands amply covered and scripted in the Gujarat High Court Order dated 23 Dec 2011.., " the petition stated..It was submitted that the perpetrators of heinous crimes of illegal detention and torture have not been brought to book till date, nor have the respondents succeeded in releasing even one of the 54 PoWs despite the existence of a bilateral agreement between the Union of India and the Government of Pakistan.“In the aforesaid matters respondent UOI and specifically the Indian Army under them have not initiated any concrete steps for establishment of a mechanism for effective enforcement of provisions of the Geneva Convention despite elapse of more than 70 years, since the same first came into force,” it was contended..The plea also highlighted the incident of torture inflicted upon Captain Saurabh Kalia and his men who were captured during the 1999 Kargil war with Pakistan."One Naik Gule Khandan of the Pakistan army had confessed in an open public felicitation function held in Pakistan and aired on youtube, about hunting down Capt Kalia’s patrol. Their bodies bearing ante mortem injury marks were handed over by Pakistan army on 09.06.1999, after inhuman captivity and torture since 15 May 1999 when the said patrol had fallen into their hands, under unknown circumstances. There have been many other dastardly incidents of barbarianism inflicted upon Indian soldiers by forces operating under control of the said hostile neighbour, which stand unpunished till date," the petition submitted..The petitioners, therefore, sought a direction to the Union government to procure a list of PoWs from the International Red Cross who were scheduled to be repatriated by Pakistan in years succeeding the 1971 war but ultimately not repatriated as scheduled.The plea also prayed for a court of inquiry proceedings into the circumstances under which frugal patrol of Captain Saurabh Kalia and 5 Sepoys of 4 JAT Regiment were taken PoWs and murdered.The petitioners further prayed for recommendations to make suitable amendments to Army Rules 178, 179 and Paragraph 524 of the Regulations for the Army and parallel provisions for other armed forces, to facilitate adequate evidence gathering for enforcing the rights of the PsOW in future.Importantly, the plea prayed for a direction to the Union of India to approach the International Court of Justice against Pakistan for release of all the Indian PoWs held under the torturous custody of Pakistan in violation of the Geneva Convention for Treatment of Prisoners of War..The petitioner moved the PIL claiming that the stand of the respondents that they took all possible steps to ensure the release of PoWs sounded utterly hollow and devoid of any conviction.The petition was moved through advocate Namit Saxena.