India’s Supreme Court on Monday asked the federal government if it proposed to take the alleged beheading of Indian soldiers by Pakistanis before the International Criminal Court (ICC) at The Hague.

Though the apex court’s notice to the government flowed from a petition filed by an angry Indian seeking to punish those guilty of the recent outrage claimed to have been carried out at the Line of Control in Kashmir its implications could embarrass New Delhi, which does not want to ‘internationalise’ the issue.India had rejected Pakistan’s suggestion to take the issue to the UN Military Observers’ Group in India and Pakistan (UNMOGIP) that is supposed to monitor the LoC under a Security Council mandate.

New Delhi is wary of any third party getting involved in its Kashmir dispute with Pakistan. A move to take the beheading matter to The Hague should ordinarily be frowned upon the Indian establishment.Sections of the Indian media have cited official sources to report that both sides sparked incidents of beheading in the past and that there was nothing new about the latest gruesome act if indeed it occurred.A bench of Justices P. Sathasivam and J.S. Khehar asked the government to file a response within four weeks.

The bench tagged the case with another petition, which had raised the issue of alleged mutilation of the body of another Indian soldier, late Captain Saurabh Kalia, by Pakistani Armed Forces during the Kargil war.The court passed the order on a petition filed by one Sarwa Mitter who alleged that the government had not taken any action against Pakistan after the ghastly killing of the two jawans on January 8 and sought the court’s help in the matter.

“Killing of two jawans of Indian Army, including their beheading is highly heinous and inhuman. Therefore, direct the government to refer actions of Pakistan to the International Criminal Court,” the petition said, adding, “Pakistan’s actions are contrary to Geneva Convention and action must be taken against them.”