Kachchatheevu was not ceded to Sri Lanka, Centre tells court

Discussion in 'Subcontinent & Central Asia' started by Kito, Aug 31, 2013.

  1. Kito

    Kito Regular Member

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    The Union government on Friday informed the Supreme Court that the question of retrieval of Kachchatheevu from Sri Lanka did not arise as no territory belonging to India was ceded to Sri Lanka.

    Taking on record the Centre’s response to a writ petition filed by Tamil Nadu Chief Minister Jayalalithaa seeking retrieval of Kachchatheevu from Sri Lanka, a Bench of Justices B.S. Chauhan and S.A. Bobde posted the matter for final hearing after three weeks to enable Ms. Jayalalithaa to file her rejoinder.

    Ms. Jayalalithaa, who filed the petition in December 2008 as AIADMK general secretary, sought a declaration as unconstitutional the 1974 and 1976 agreements between New Delhi and Colombo on ceding of Kachchatheevu, an island off the Rameswaram coast, to Sri Lanka.

    Ms. Jayalalithaa said the island was historically part of the Ramnad Raja’s zamindari and later it became part of the Madras Presidency. The island was always of strategic importance and special significance for fishing operations in the area. In or around 1921, Sri Lanka started claiming territorial rights over the island without any justification and notwithstanding such claims it continued to be part of India. She highlighted the sufferings of fishermen from Tamil Nadu who inadvertently strayed into the island. Because of the hostile attitude of the Sri Lankan navy, fishermen feared to go fishing as they were either killed or taken into custody if they entered Kachchatheevu.

    In its response, 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 relating to the status of this island was settled in 1974 by an agreement and both countries examined the entire question from all angles and 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 in question was in dispute and had never been demarcated.” Therefore, the contention of Ms. Jayalalithaa that Kachchatheevu was ceded to Sri Lanka was not correct and contrary to official records.”

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

    On the frequent incidents of firing against Indian fishermen by the Sri Lankan Navy and their arrest, the Centre said “the government has always taken up on a priority basis with Sri Lanka including at the highest levels any incident involving safety and security of Indian fishermen in the waters between two countries. Whenever Indian fishermen were arrested, the government of India intervened and got them released,” it said and sought dismissal of the petition as not maintainable.

    Kachchatheevu was not ceded to Sri Lanka, Centre tells court - The Hindu
     
    Last edited: Aug 31, 2013
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  3. HeinzGud

    HeinzGud Senior Member Senior Member

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    :lol: Well done. A momentous decision.
     
  4. Yusuf

    Yusuf GUARDIAN Administrator

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    It means that island is India's and not ceded. Now time to look for resources around it and claim :)
     
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  5. Twinblade

    Twinblade Senior Member Senior Member

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    India had recognized Sri Lankan ownership of the Island in 1974 (ratified by the parliament) provided Indian citizens had free access (no passport/visa) to the island. Indian fishermen do not have fishing rights over there, the island and waters around it are territories of Sri Lanka.
     
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  6. natarajan

    natarajan Senior Member Senior Member

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    It is near to rameshwaram but what can we expect from this GOI which is good in donating land to other countries
     
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  7. HeinzGud

    HeinzGud Senior Member Senior Member

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    Katchchethewu is inside the IMBL both India and Sri Lanka agreed. Therefore your claim to the resources is nullified.
     
  8. prakashbioc

    prakashbioc Regular Member

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    Why should we bother about donated Katchatheevu

    We already donated part of Kashmir to Pak (Now PoK) and part of Ladak to China (now Aksai chin)
     
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  9. Tshering22

    Tshering22 Sikkimese Saber Senior Member

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    So basically this means that the island remains Indian and therefore we can do what we want there.

    Good move.

    Wonder how come all countries are trying to either claim or intrude our territory just at this time.
     
  10. Kito

    Kito Regular Member

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    It seems some of Indian members do not understand the news article.
     
  11. trackwhack

    trackwhack Tihar Jail Banned

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    No, thats not what it means. Read the article.
     
  12. arnabmit

    arnabmit Homo Communis Indus Senior Member

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    When did it get ratified? Any links?

     
  13. angeldude13

    angeldude13 Lestat De Lioncourt Senior Member

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    [email protected] congressis are donating my country's land to every tom,dick and harry.

    first that nehru fella gave awaay half kashmir then again he gave aksai chin to china and that indira gave away Katchatheevu.

    now what??
    lets give arest of the land to pakistan,bd,sri lanka and china.
    sorry i forgot burma and mayanmar
     
  14. natarajan

    natarajan Senior Member Senior Member

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    when GOI is itself against its people and its interest there is nothing to argue with other country people
     
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  15. ersakthivel

    ersakthivel Senior Member Senior Member

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    IMBL will come into force only when there is no historical claim of ownership of Kachatheivu. Since there are historical documents attesting the ownership of kachathevu by the Tamil kingome of ramnad no IMBL claim is valid.

    Gibraldar is a rock so near to Spain , yet the british rule it, same goes for Falklands,

    Since Srilankans have repeatedly killed and abused Indian Fishermen in contravention of the Accord under which India ceded KachaTheevu to Srilanka, India has strong claims to annule the earlier IMBL line ,

    as you are now repealing the 13th Amendment which gave police powers to autonomus Tamil regional unit under a bilateral Indo-Srilankan Accord, so you can not protest India cancelling the earlier agreed IMBL line . And if things go to arbitration Srilanka can not refute the official British era documents that validate the ownership of KachaTheevu by Tamil nadu Kings.

    But for all that to happen this holy mother-clown prince set up that rules India should be driven out in the coming elections and some one with spine like Namo takes over at new Delhi.
     
    Last edited: Sep 14, 2013
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  16. ersakthivel

    ersakthivel Senior Member Senior Member

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    Since center is lying to the court it will lose the case.
     
  17. pmaitra

    pmaitra Moderator Moderator

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    Nope, it was never ratified.
     
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  18. Ray

    Ray The Chairman Defence Professionals Moderator

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    It has not been ratified and there lies the nub of the issue.
     
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  19. HeinzGud

    HeinzGud Senior Member Senior Member

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    :rofl::rofl::rofl:
     
  20. HeinzGud

    HeinzGud Senior Member Senior Member

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    Tell this to your court not to us.

    In Gibraltar and Falklands there are British garrisons and British taxpayers. That's why British rule it. More than that those two territories were gained through conquest. However India do not have a garrison or Indian taxpayers living in Kachchthivu it is a no mans land.

    There are no legal right given to Indians to fish around the Kachchthivu island because it lies inside Sri Lankan IMBL. Indian fisherman can only dry their nets in the island if they want to.

    Bilateral Indo-Srilankan Accord was broken when IPKF couldn't kept its priority clause of disarming Tamil rebels with in 24 hours and you ask Sri Lanka to keep to its word.
     
  21. Ray

    Ray The Chairman Defence Professionals Moderator

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    A few Coast Guard vessels will tell them which side of the bread is buttered.

    Wait till the Wimp is gone!
     
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