Pakistan could be hauled up before a War Crimes Tribunal for violating the Geneva Convention and other global laws by torturing and killing Indian soldiers in captivity, says international law experts. "It is a clear and blatant violation of international law and Geneva Convention," says Dr. Rahmatullah Khan, Professor of International Law at Delhi's Jawaharlal Nehru University (JNU), condemning the killing of Sqn. Ldr. Ajay Ahuja, Lt. Sourav Kalia and five other personnel in Pakistan army's captivity.

Calling for a proactive approach rather than merely being reactive to Pakistani aggression, Prof. Khan says India should go to the United Nations Security Council and have it referred for a full-scale investigation. Agreeing with him, Dr. Rajiv Nayan of the Institute for Defence Studies and Analyses (IDSA) says India should take up the issue with the World bodies concerned so that the World knows of the "true picture of the Pakistani ruling elite and the ideology it is pursuing.

Accusing Pakistan of its involvement in war crimes, a senior army official says Islamabad has established in the last three wars that they never respect the Geneva Convention. Calling for proper documentation of the latest cases of torture and mutilation to present them at international fora, he says Pakistan should be convicted for its involvement in war crimes. "It can be safely ascertained that Pakistan is not a country which the comity of nations can trust", says Dr. Nayan.

The mutilated bodies of Lt. Kalia and five other soldiers of the four Jat regiment were handed over on June 9 by the Pakistani army in the Kargil sector. "This is an outrageous act and a violation of international conventions," an army spokesman had said immediately after the bodies were received by India. "This is a clear violation of Geneva Convention relating to the treatment of Prisoners of War (PoW)," says Prof. B.S. Chimni of the School of International Studies at the JNU.

Article 1 of the Convention says, "The high contracting parties undertake to respect and to ensure respect for the present convention in all circumstances."

While strictly debarring the countries from torturing or mutilating any PoW, Article 3 says: in the case of armed conflict... each party to the conflict shall be bound to apply as a minimum the following provisions: Members of armed forces... shall in all circumstances be treated humanely without any adverse distinction founded on race, colour, religion, faith, sex, birth or wealth or any other similiar criteria. It also prohibits violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture. Even in the 1971 war there were a large number of cases where Indian soldiers' mutilated bodies were thrown into the Indian side, says a war veteran.

He cites cases where the Pakistani army did not spare even civilians and brutally tortured and killed them during the freedom struggle of Bangladesh. The Pakistan Government has the legal obligation to punish those involved in the cases of mutilation and killing, says Prof. Chimni. Article 121 of the general protection of PoWs says "every death or serious injury of a PoW... shall be immediately followed by an official inquiry by the detaining power".A communication on this subject shall be sent immediately to the protecting power.

"If the inquiry indicates the guilt of one or more persons, the detaining power shall take all measures for prosecution of the person or persons responsible". Prof. Chimni says Pakistani premier Nawaz Sharif ought to apologise for the torture and killing of Indian soldiers in captivity as it failed to perform its duty as a government. Article 12 of the general protection of PoWs says the prisoners of war "are in the hands of the enemy powers but not of individuals or military units who have captured them.

With the battle of bullets in Kargil showing few signs of receding, questions have been raised about whether it would be possible to hold the Lok Sabha poll on schedule and if it's advisable to do so. Opinion are sharply divided over whether the polls can be deferred by imposing internal emergency and whether the situation merits postponement at all.

While Ved Marwah, former adviser to the Jammu and Kashmir Governor, says elections should be put on hold till the army clears the Pakistani intruders, Prof. C.P. Bhambri of the Jawaharlal Nehru University says "postponing elections will be construed as a sign of India's weakness in the international community.

"By doing so, Pakistani designs of showing that Indian democracy is fragile and that the country has been shaken by it will be achieved", says Prof. Bhambri, noting that it would also have an adverse multiplier impact within the country. "Evicting aggression should be the top priority for the country," says Dr. S.C. Kashyap, former secretary general of Lok Sabha, taking strong exception to the debate over the polls.

According to Dr. Kashyap, the new government must be in place by October 21 and the Constitution is categorical about it. He suggests changing the rules to reduce the campaigning period or staggering the elections to see that the country does not face another Constitutional crisis. The war in Kargil, notes Dr. Ajay Mehra of the Centre for Policy Research, has serious repercussions on the deployment of security forces, as paramilitary forces, which are deployed for smooth conduct of polls, form the second line of defence.

"This is a practical military problem that the nation could face unless tranquility is there on that front.... Apart from that I don't think there should be any constraint in changing the poll schedule," says Dr. Mehra, noting that in times of international conflict, polls become a question mark. Although Prof. Bhambri notes that under Article 352 a state of internal emergency could help defer the polls by another six months, he cautions that such an action would imply "already accepting defeat".

"Elections can be managed without massive deployment of paramilitary forces. The state and local armed police can be put on alert to manage the polls", says the academic, noting that not all of India witnesses a bloody battle of the ballot so as to necessitate extensive force deployment.

The two inaugural buses from Dhaka with 63 passengers on board reached here recently, further strengthening the bond of friendship between India and Bangladesh. The red-coloured Hino buses of the Bangladesh Road Transport Corporation (BRTC) arrived at the Salt Lake international bus terminal to a tumultuous welcome with school children receiving the passengers with flowers.

The buses which arrived at 7.00 p.m. were two hours behind the schedule. While 37 passengers came by 'Shyamli Paribahan', 26 reached by the other bus. The West Bengal Surface Transport Corporation Chairman Ashok Bose welcomed the passengers. Reciprocating the June 19 run of the 'Souhardya' (friendship) buses to Dhaka from Calcutta, these two buses reached from Dhaka via Petrapole on the Indian side of the border. Elaborate security arrangements were made in and around the bus terminal.