GOVERNMENT OF INDIA
Ministry of Defence
DEPARTMENT OF DEFENCE
UNSTARRED QUESTION NO. 1907
TO BE ANSWERED ON AUGUST 29, 2012
Approaching ICJ to Secure PoW in Pakistan
1907. SHRI RAJEEV CHANDRASEKHAR:
Will the Minister of DEFENCE be pleased to state:
(a) whether the Gujarat High Court, in its Judgment of 23 December, 2011 has directed Government to approach the International Court of Justice to secure the release of 54 Indian soldiers taken as prisoners of War (PoWs) by Pakistan;
(b) whether the Gujarat High Court has also directed payment of service and retirement benefits to the families of these PoWs; and
(c) if so, the reasons for the delay by Government to take action on the directives of the Gujarat High Court?
MINISTER OF DEFENCE
(SHRI A.K. ANTONY)
(a) to (c): A statement is attached.
STATEMENT IN RESPECT OF PARTS (a) TO (c) OF RAJYA SABHA UNSTARRED QUESTION NO. 1907 FOR 29.8.2012 REGARDING APPROACHING ICJ TO SECURE PoW IN PAKISTAN.
(a) to (c): The Hon'ble High Court of Gujarat, in its judgment dated 23rd December, 2011, passed directions regarding approaching the International Court of Justice with regard to the Missing Defence Personnel (MDPs) believed to be in custody in Pakistan and payment of service and retirement benefits to their Next of Kin (NoK). The first part of the order of the Hon'ble High Court relating to approaching the International Court of Justice has been stayed by the Hon'ble Supreme Court on 2.5.2012. As such the matter is sub-judice. The second part of the order of the Hon'ble High Court relating to payment of service and retirement benefits to the NoK of the MDPs has been accepted by the Government and necessary action, towards implementation of the same, has been taken.