Kachatheevu can’t be retrieved, Centre tells Supreme Court

Discussion in 'Subcontinent & Central Asia' started by HeinzGud, Feb 18, 2014.

  1. HeinzGud

    HeinzGud Senior Member Senior Member

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    In a decision which is likely to further strain the ties between the UPA and the DMK, the Centre has informed the Supreme Court that Kachatheevu could not be retrieved from Sri Lanka as demanded by the party president, M. Karunanidhi.

    In its response to Mr. Karunanidhi’s writ petition seeking retrieval of the island from Sri Lanka, the Centre said: “The question of retrieval… did not arise as no territory belonging to India was ceded, nor sovereignty relinquished, to Sri Lanka.”

    The petition comes up for hearing on Wednesday.

    The Centre said the island was a matter of dispute between British India and Ceylon (now Sri Lanka), and there was no agreed boundary. The dispute on the status of the island was settled in 1974 by an agreement, and both countries took into account historical evidence and legal aspects. This position was reiterated in the 1976 agreement.

    It said: “No territory belonging to India was ceded nor sovereignty relinquished since the area was in dispute and had never been demarcated.” Therefore Mr. Karunanidhi’s contention that Kachatheevu was ceded to Sri Lanka was “not correct and contrary to official records.” The Centre took exception to his filing the petition so long after the 1976 agreement and said it did not espouse any public cause.

    Under the two agreements, the Centre said, no fishing rights in Sri Lankan waters were bestowed on Indian fishermen. “Indian fishermen and pilgrims will enjoy access to Kachatheevu and will not be required by Sri Lanka to obtain travel documents or visas. The right of access is not to be understood to cover fishing rights around the island to Indian fishermen.”

    In a similar petition filed by Tamil Nadu Chief Minister Jayalalithaa, the Centre had said the island was never ceded to Sri Lanka.

    In his petition, Mr. Karunanidhi said: “The agreement is ex-facie unconstitutional for want of a constitutional amendment under Article 368 and being inconsistent with the law declared by the Supreme Court in the Berubari case, and this agreement is liable to be declared non est , void and unconstitutional.”

    Rejecting this contention, the Centre said the agreements did not require a constitutional amendment as no territory was ceded. However, these agreements were placed in Parliament and ratified.

    “Thus, as far as the Government of India is concerned, the issue of maritime boundary between India and Sri Lanka, and consequently that of sovereignty over Katchatheevu, is a settled matter,” it said.

    The dispute on the status of the island was settled in 1974 by an agreement

    No territory belonging to India was ceded since the area was in dispute and never demarcated


    Kachatheevu can’t be retrieved, Centre tells Supreme Court - The Hindu
     
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    This Govt is a moribund Govt and spineless.

    Everything can be solved.

    And I am not meaning militarily.

    It is incorrect to conclude that the dispute on the status of the island was settled in 1974 by an agreement.

    The Agreement was not ratified by the Parliament and so invalid.
     
  4. SajeevJino

    SajeevJino Long walk Elite Member

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    Damn Government

    Ceded lands to Sri Lanka , China and Pakki ...and telling they can't retrieved
     
  5. Vishwarupa

    Vishwarupa Senior Member Senior Member

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    I appreciate Tamilians being so concerned about upholding Indian Sovereignty but why are they not concerned about Indian Religion(Hinduism),its culture & tradition. Why do they get converted to Christianity.

    sorry for off line query.
     
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  6. SajeevJino

    SajeevJino Long walk Elite Member

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    Thanks ...!!

    Leave the Culture and Tradition ..you can see the Ancient Culture in our Villages

    Coming about religion ..That's their own Faith why was they Changed from Their religion Because their old Religion didn't do what the Christianity did
     
  7. Vishwarupa

    Vishwarupa Senior Member Senior Member

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    Why are you asking us to leave our tradition & cultures.

    why ancient culture is prevailing only in our villages not much in Indian cities. What did Christianity offer or do that old religion(Hinduism) did not do or offer? The only offer is that if you are part of Christianity you will be a part of much larger & powerful group (about 2.1billion) other than that it is only materialistic.
     
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  8. Jagdish58

    Jagdish58 Regular Member

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    Even Mc Mahon Line with China & Kashmir borders in some cases are disputed why these two issues are not solved soon & give a breather to our Jawans in border , they are getting killed to orchestra political drama

    Srilanka supported Pakis in 1971 war without any provation from India during that time , only after that Indira gandhi govt pitched in Raw to fund & train LTTE using sucessive TN Govt as lobby

    Im not supporting a terrorist organistation , but truth is we used them like use and throw pen until them came back hounting the owners we supported SL army in crushing them:frusty:

    Our policy has too much double standards
     

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