External Affairs Minister Sushma Swaraj on Monday stated that the government will approach the Supreme Court to ask if India can go to the International Court of Justice (ICJ) regarding Captain Saurabh Kalia's case.
"We will ask the Supreme Court if India can go to the International Court of Justice when such a provision is in place. There is a provision in the International Court of Justice where India and Pakistan can't go there against each other regarding any war related matter," said Swaraj.
"Saurabh Kalia's case is an exceptional circumstance that is why the Supreme Court will be approached. If the Supreme Court says we can go to the International Court of Justice regarding Saurabh Kalia's case, then we shall," she added.
Earlier in the day, Captain Saurabh Kalia's father N.K. Kalia had expressed the hope that the apex court would direct the Central government to take up his son's case at the International Court of Justice in The Hague.
Captain Kalia, along with five other soldiers were taken prisoners by Pakistani troops during the Kargil War in 1999. They were held captive and allegedly tortured before their badly mangled bodies were handed back to the Indian authorities on June 9, 1999.
The site of the tortured bodies caused an uproar across the nation, as the torturing of Prisoners of War (PoW) went against the Geneva Convention.
Pakistan, however, has consistently denied the charges of torture, stating that the soldiers may have died because of poor weather conditions.