Government has told the Supreme Court that it cannot refer the case pertaining to inhuman torture and killing of Capt Saurabh Kalia by Pakistani forces during the Kargil war to the International Court of Justice as India is governed by a bilateral agreement with Pakistan.
The matter will come up before the court tomorrow.
Arvind Sharma, advocate of Saurabh Kalia's father, has said that the Centre's affidavit has said it had no intention to take up the issue in ICJ as it was bound by a pact and the issue has to be resolved bilaterally between India and Pakistan.
Capt Saurabh's father N K Kalia had filed a petition in the Supreme Court on December 14, 2012, seeking direction to the central government to refer Saurabh's case to ICJ.
The bilateral agreement between Pakistan and India is based on the 1972 Simla agreement.
Kalia and five other soldiers of his patrolling team were captured alive on May 15, 1999 by Pakistani Army and kept in captivity where they were tortured and their bodies mutilated.
