Supreme Court Seeks Centre's Response On Plea To Repatriate Indian Army Officers Detained By Pakistan As Prisoners Of War Since 1971

Considering the importance of the matter, the bench of Justices DY Chandrachud and Surya Kant issued notice returnable within 3 weeks in the writ petition.

Appearing for the petitioner, Advocate Namit Saxena had submitted that the cause of action has been subsisting since 50 years.

The petition has also sought inquiry into the cirucmstances of brutal torture and killing of Captain Saurabh Kalia and 5 Sepoys of 4 JAT Regiment at the instance of the Pakistan army during the Kargil war after they were taken as Prisoners of War.

Against this backdrop, alternative relief has also been sought to direct the Ministry of Defence and Chief of Army Staff to hold such inquiry and produce the report thereof before Top Court for further necessary actions.

In this regards, it has been stated in the petition that,

"The perpetrators of these heinous crimes of illegal detention and torture of helpless prisoners of war, against the Universally applicable Geneva Convention have not been brought to book till date and nor have the respondents succeeded in release of one single out of the 54 POW, despite existence of a specific bi-lateral agreement in force between the respondent UI with the detaining power Government of Pakistan, which is also shielding the perpetrators of crimes against humanity committed upon Captain Saurabh Kalia and his men stated above, besides many other POW/soldiers whose names could not specifically be listed herein."

In the petition, prayer has also been made for for making suitable recommendations for fresh legislation or suitable amendments to Army Rules-178, 179 and Paragraph 524 of the Regulations for the Army and parallel provisions for other armed forces.

The same has been sought for to facilitate adequate evidence gathering for enforcing the rights of the POW in future, ascertaining domestic negligence, foul play or non adherence to the Chetwode Motto, military standard operating procedures, orders and norms for war, by commanders in chain, with oblique selfish aims.

The petitioner has also prayed for directing the Union to approach the International Court of Justice against Pakistan with coercive and binding appropriate judicial remedies for:

• release of all the Indian PsOW held under the torturous custody of Pakistan in violation of the Geneva Convention for Treatment of Prisoners of War
• trial and due punishment of all the persons then operating under the control of Pakistan, for detention, inhuman torture and cold blooded murder of Captain Saurabh Kalia and 5 Sepoys of 4 JAT Regiment during the Kargil War in May 1999

Kaur in her writ has further sought for:

• observing one day every year as Prisoners of War Day nationally and for mooting the idea for observing the same internationally, to ensure avoidance of complacency, inertia and carelessness in their matters
  
• For taking the initiative for commencing and leading the campaign for establishment of United Nations Prisoner of War Rights Violation Criminal Tribunal

Case Title: Jasbir Kaur & Anr v UOI| Writ Petition (Civil) 1059/2021