Will take Kalia's case in International Court if SC permits: Sushma

External Affairs Minister Sushma Swaraj said: "This is an exception circumstance. If the SC permits then we will take the issue in the International Court of Justice (ICJ)."

In response to media reports regarding Government of India's stand in the Supreme Court pertaining to the case filed by the family of Kargil martyr Capt. Saurabh Kalia, the MEA Official Spokesperson stated: "In the proceedings before the Hon’ble Supreme Court pertaining to the case filed by the family of Kargil martyr Capt. Saurabh Kalia, Government of India has conventionally held the position that India and Pakistan cannot invoke the compulsory jurisdiction of the International Court of Justice in relation to disputes concerning armed conflicts, hostilities etc and as they are both members of the Commonwealth."

"This position, which was stated in the affidavit filed by the Government on 26 September, 2013, has now been reviewed. Government will be requesting the Supreme Court to pronounce on the legality of the stand, taking into account the exceptional circumstances," he said.

"Subject to above, Government would be open to invoking the jurisdiction of the International Court of Justice," said the spokesperson.

Captain Kalia, of the 4 Jat Regiment, was the first army officer to report the incursion by the Pakistani Army on Indian soil and was one of the five soldiers taken captive by Pakistani troops in May 1999.

The army men were tortured for weeks before being killed and the mutilated bodies were handed over to the Indian authorities in June.