RAJEEV CHANDRASEKHAR MEMBER OF PARLIAMENT RAJYA SABHA

Member of Standing Committee on Finance Member of Consultative Committee on Finance Member of Parliamentary Forum on Youth Co-Chairman, Vigilance & Monitoring Committee, Bangalore Urban District Vice Chairman, National Military Memorial Management Trust, Bangalore

13 June, 2014

1112-742-e)--e-el

Sub.: Justice for Capt. Saurabh Kalia and Five Soldiers of the

Congratulations on assuming the office of the External Affairs Minister of .

Through this letter, I would like to draw your attention to the disturbing case of Captain Saurabh Kalia of 4 of the Indian Army, who was one of the first officers martyred by Pakistani intruders at the young age of 22, after Pakistan invaded the Kargil region of Jammu and in May 1999.

On 15 May, 1999, the had captured Captain Saurabh Kahn and his patrol part' of five other brave soldiers — Sepoys Arjun Ram, Bhanwar Lal Bagaria, Bhika Ram, Moola Ram and Naresh Singh - on the Indian side of the LOC. They were kept in captivity for over three weeks and subjected to unprecedented brutal torture, evident from the bodies handed over by the Pakistan Army on 09 June, 1999. The postmortem revealed that the Pakistan army had indulged in the most heinous acts of burning their bodies with cigarettes, piercing ear-drums with hot rods, removing eyes, and chopping off various limbs and organs of these soldiers, besides inflicting all sorts of physical and mental tortures before shooting them down.

Even after fifteen years of this brutal and inhuman tragedy, justice is denied to these brave martyrs and their families. I have been pursuing this issue in Parliament and public forums, and have also written to the former External Affairs Minister and Defence Minister, urging them to take up the issue with the UN Human Rights Council (UNHRC) and the International Court of Justice, to declare this brutal act as a war crime, to seek justice for the Indian martyrs.

Almost two years after I had written to the former External Affairs Minister, I received a letter from the former Defence Minister (copies of both letters enclosed) that, since India is committed to settle differences with Pakistan by peaceful means through bilateral negotiations under the , this matter cannot be dealt under the Geneva Convention.

211 North Avenue, New Delhi-110001 India Tel: + 91-11-23094044 Fax + 91-11-23094042 Email : rajeev.c nic.in www.rajeev.in However, this act by the Pakistan Army is a clear violation of human rights and treatment of enemy soldiers under the Geneva Convention. 'Grave breaches' are defined under the Geneva Convention as 'War Crimes'. It clearly states that if an act committed against a person protected by the convention is of the nature of "wilful killing, torture or inhumane treatment; wilfully causing great suffering or serious injury to body or health', it must be pursued at international forums for justice, and cannot be subjected to bilateralism. By taking shelter behind the Simla Accord, the UPA government has not only shrugged its responsibility, but has also done great disservice to the brave Armed Forces personnel.

No other profession sheds blood at the nation's behest as the Armed Forces. That we are yet to get justice for these brave martyrs is shameful and sends a wrong signal to our Armed Forces personnel and their families that the nation does not value their service and sacrifice.

The act of seeking justice for this war crime is not, and must not be seen as an act against Pakistan or the people of that country, but as the pursuit of justice for crimes committed during war. This must not be seen as a political matter between two nations.

On behalf of the families of these brave maryrs, I urge you to urgently take up the matter with the UN Human Rights Council (UNHRC) to declare this heinous act as a "war crime", and move the International Court of Justice to pressure Pakistan to identify and punish all the perpetrators of this brutal crime. The nation owes it to our brave Indian soldiers and their families.

Yours Sincerely,

RA~E EV CHANDRASEKHAR

Smt. Sushma Swaraj Hon'ble Minister of External Affairs Government of India New Delhi

Encl: Copies of my letter to Shri S. M. Krishna, former Minister of External Affairs and response received from Shri A. K. Antony, former Minister of Defence

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