ID :
39016
Tue, 01/06/2009 - 12:33
Auther :
Shortlink :
http://m.oananews.org//node/39016
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SC notice to Govt on Jayalalithaa`s plea on Kachatheevu island
New Delhi, Jan 5 (PTI) The Supreme Court of India Monday
sought a response from the Centre on a petition filed by
former Chief Minister of India's southern state of Tamil Nadu
J Jayalalithaa Monday seeking direction for retrieving the
"Kachatheevu" island that was ceded to Sri Lanka by India in
1974.
The apex court issued notice to the Centre but
questioned the All India Anna Dravida Munnettra Kazhagam
(AIADMK) chief for raising the issue three decades after the
treaty was signed between the two countries.
"After 34 years you have woken up," a Bench headed by
Chief Justice K G Balakrishnan said referring to the PIL in
which Jayalalithaa has sought quashing of the March 23, 1976
"maritime boundary agreement" which according to her deprived
the fishing rights to Indian fishermen in the Bay of Bengal
and Gulf of Mannar.
The former Chief Minister has termed the treaty as
unconstitutional as it involved the livelihood of thousands of
fishermen in Tamil Nadu, whose fundamental rights are being
violated due to action by the Sri Lankan authorities.
Tracing the history of the 285 acres of Kachatheevu
uninhabited island, Jayalalithaa complained that in 1974 the
then Indian Government ceded the territory to Sri Lanka
through an executive agreement in violation of Article 368 of
the Constitution.
Quoting the apex court judgements, she submitted the
apex court had clearly held that under Article 368 it was
only Parliament which can make a law to give effect to and
implement an agreement.
However, in the case of Kachatheevu, she said no such
law was made and instead the territory was ceded by an
executive agreement.
Sri Lanka, she alleged, was adopting a hostile attitude
towards fishermen from Tamil Nadu who have no other source of
livelihood.
"The poor and helpless fishermen have been put to untold
hardship on this count. Thus, the fundamental rights of
the Indian fishermen are being gravely affected and these
unjustified acts of the Sri Lankan navy are continuing till
date," the petition stated.
While seeking quashing of the 1974 agreement,
Jayalalithaa suggested that alternatively the apex court
should give direction to the Centre "to obtain or re-gain" for
Indian fishermen the right of access to Kachatheevu island and
the right to engage in fishing around the island.
She also wanted the Centre to take steps to protect
the lives and livelihood of the Indian fishermen carrying out
fishing near the island. PTI
sought a response from the Centre on a petition filed by
former Chief Minister of India's southern state of Tamil Nadu
J Jayalalithaa Monday seeking direction for retrieving the
"Kachatheevu" island that was ceded to Sri Lanka by India in
1974.
The apex court issued notice to the Centre but
questioned the All India Anna Dravida Munnettra Kazhagam
(AIADMK) chief for raising the issue three decades after the
treaty was signed between the two countries.
"After 34 years you have woken up," a Bench headed by
Chief Justice K G Balakrishnan said referring to the PIL in
which Jayalalithaa has sought quashing of the March 23, 1976
"maritime boundary agreement" which according to her deprived
the fishing rights to Indian fishermen in the Bay of Bengal
and Gulf of Mannar.
The former Chief Minister has termed the treaty as
unconstitutional as it involved the livelihood of thousands of
fishermen in Tamil Nadu, whose fundamental rights are being
violated due to action by the Sri Lankan authorities.
Tracing the history of the 285 acres of Kachatheevu
uninhabited island, Jayalalithaa complained that in 1974 the
then Indian Government ceded the territory to Sri Lanka
through an executive agreement in violation of Article 368 of
the Constitution.
Quoting the apex court judgements, she submitted the
apex court had clearly held that under Article 368 it was
only Parliament which can make a law to give effect to and
implement an agreement.
However, in the case of Kachatheevu, she said no such
law was made and instead the territory was ceded by an
executive agreement.
Sri Lanka, she alleged, was adopting a hostile attitude
towards fishermen from Tamil Nadu who have no other source of
livelihood.
"The poor and helpless fishermen have been put to untold
hardship on this count. Thus, the fundamental rights of
the Indian fishermen are being gravely affected and these
unjustified acts of the Sri Lankan navy are continuing till
date," the petition stated.
While seeking quashing of the 1974 agreement,
Jayalalithaa suggested that alternatively the apex court
should give direction to the Centre "to obtain or re-gain" for
Indian fishermen the right of access to Kachatheevu island and
the right to engage in fishing around the island.
She also wanted the Centre to take steps to protect
the lives and livelihood of the Indian fishermen carrying out
fishing near the island. PTI
