"Government of India's stand has been that the issue cannot go to the ICJ. Can it change the stand now? It will have its own ramifications," a bench comprising Chief Justice T S Thakur and R Bhanumathi observed.
The remarks came after the bench wanted to know from government's counsel R Balasubramanian whether the ICJ has any jurisdiction to go into the issue.
The bench was hearing a batch of petitions raising the issues of POWs, the brutality meted out to Saurav Kalia during Kargil War and the beheading and mutilation of bodies of two Indian soldiers in 2013 by Pakistani army, for a direction to the union government to move the ICJ.
It was also hearing an appeal filed by the Centre challenging Gujarat High Court order directing the union government to move the ICJ on Pakistan illegally detaining 54 Indian armymen in breach of an agreement between the two countries after the 1971 war to exchange all POWs.
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over the status of 54 Indian POWs languishing in Pakistani jails since 1971.
The court had directed the government to pay the salary and retirement benefits to the dependents of the PoWs, to which the law officer had said this was being done.
During the last hearing, in response to a query as to why India cannot take the matter of the PoWs to the ICJ, the government had said India has not submitted itself to the jurisdiction of ICJ if the matter relates to armed conflict between it and Pakistan.
The Centre had said Indian authorities had tried from all channels to ascertain facts about 54 PoWs, but Pakistan was not accepting that they are in their country.
The MoD, in its affidavit last year, had informed the court that it has no details regarding 54 missing POWs in Pakistan jails after 1965 and 1971 wars.
It had also said it cannot even identify three such army personnel since their service records, unit and family details were not known.
The affidavit was filed in response to a query by the court which wanted an updated status on the PoWs languishing in Pakistan jails following the two wars.
The court had referred to the case of Pakistan raising in the ICJ the issue of downing of its spy aircraft in August 1999 by Indian forces despite New Delhi's objection which was upheld by the international tribunal.