Kachatheevu island unites TN arch-rivals
We RecommendNEW DELHI: Arch rivals J Jayalalithaa and MKarunanidhi may have differed on every single political issue but the emotive demand for retrieval of Kachatheevu island from Sri Lanka has forced a convergence of views.
More than four years after AIADMK chief and then opposition leader Jayalalithaa moved the Supreme Court seeking rescinding of the Indo-Sri Lankan agreements of the 1970s to retrieve the island, a popular fishing location for Tamil Nadu fishermen who get targeted by Lankan navy, the DMK patriarch on Monday soughtsimilar relief from a three-judge bench headed by Chief Justice Altamas Kabir.
Without referring to pendency of Jayalalithaa's plea, Karunanidhi's counsel T R Andhyarujina told the bench that a similar petition was pending before the court and convinced it to issue notice on the DMK chief's PIL. This would see lawyers from AIADMK and DMK argue on the same side of an issue.
Advocate V G Pragasam, filing counsel for Karunanidhi, sought to differentiate between the two petitions and said the DMK chief has made an additional prayer seeking compensation to the kin of fishermen who suffered at the hands of Sri Lankan navy for fishing in the traditional Palk Strait locations around the island.
Narrating his four-decade-old opposition to the ceding of Kachatheevuislands to Sri Lanka by an agreement between Indira Gandhi andSirimavo Bandarnaike, the DMK chief said he had on August 21, 1974 proposed a resolution on the floor of the Tamil Nadu assembly for review of the agreement and to reiterate the rights of India over Kachatheevu.
Karunanidhi in his PIL termed the Indo-Lanka agreement 'ex-facie unconstitutional' and requested the apex court to strike it down. "Consequent to the ethnic conflict in Sri Lanka, traditional rights of Indian fishermen (to fish around Kachatheevu) were gradually eroded and they were indiscriminately attacked and their catches and catamarans confiscated on the spacious plea that they had crossed the international maritime boundary," he said.
Despite an October 2008 joint statement by India and Sri Lanka on fishing arrangements, the Lankan navy continued to fire at Indian fishing boats killing hundreds of fishermen and injuring many more, Karunanidhi said and sought a direction from the court to the Centre to pay Rs 5 lakh compensation each to the kin of those killed and Rs 2 lakh to the injured.
On May 3, the Tamil Nadu assembly had unanimously passed a resolution moved by chief minister Jayalalithaa urging that the "government of India should take immediate steps to retrieve the Katchatheevu island ceded in 1970 to Sri Lanka" to help resolve the crisis and save lives of Indian fisher-folk.
In January 2009, the Supreme Court had issued notice on Jayalalithaa's petition on the same issue. She too had questioned the legality of the agreement ceding Kachatheevu to Sri Lanka saying it did no have backing of a constitutional amendment.
"Not withstanding the history of Kachatheevu and all historical evidence clearly pointing to the fact that it was a part of India, this island was ceded to Sri Lanka by and under an Indo-Sri Lanka agreement in the year 1974 without the necessary constitutional amendment," she had said.
"Apart from depriving livelihood to fishermen, hundreds of them have been killed by Lankan navy in the area. Several hundreds have been arrested for no reason and are suffering in Sri Lankan jails. Crores of rupees worth of high value catch made by poor fishermen after hours of toil have been destroyed along with boats and equipments including fishing nets," she had said.
The AIADMK chief had said the Supreme Court had in Berubari Union case in 1960 had clearly laid down that no ceding of territory could take place without Parliament first approving it in terms of a constitutional amendment. The DMK chief too cited the same case to augment his arguments.
Seeking a declaration from the court to nullify the ceding of Kachatheevu, she had sought a direction to the Union government to take steps for retrieving the island and include it within the territory of India.
We RecommendNEW DELHI: Arch rivals J Jayalalithaa and MKarunanidhi may have differed on every single political issue but the emotive demand for retrieval of Kachatheevu island from Sri Lanka has forced a convergence of views.
More than four years after AIADMK chief and then opposition leader Jayalalithaa moved the Supreme Court seeking rescinding of the Indo-Sri Lankan agreements of the 1970s to retrieve the island, a popular fishing location for Tamil Nadu fishermen who get targeted by Lankan navy, the DMK patriarch on Monday soughtsimilar relief from a three-judge bench headed by Chief Justice Altamas Kabir.
Without referring to pendency of Jayalalithaa's plea, Karunanidhi's counsel T R Andhyarujina told the bench that a similar petition was pending before the court and convinced it to issue notice on the DMK chief's PIL. This would see lawyers from AIADMK and DMK argue on the same side of an issue.
Advocate V G Pragasam, filing counsel for Karunanidhi, sought to differentiate between the two petitions and said the DMK chief has made an additional prayer seeking compensation to the kin of fishermen who suffered at the hands of Sri Lankan navy for fishing in the traditional Palk Strait locations around the island.
Narrating his four-decade-old opposition to the ceding of Kachatheevuislands to Sri Lanka by an agreement between Indira Gandhi andSirimavo Bandarnaike, the DMK chief said he had on August 21, 1974 proposed a resolution on the floor of the Tamil Nadu assembly for review of the agreement and to reiterate the rights of India over Kachatheevu.
Karunanidhi in his PIL termed the Indo-Lanka agreement 'ex-facie unconstitutional' and requested the apex court to strike it down. "Consequent to the ethnic conflict in Sri Lanka, traditional rights of Indian fishermen (to fish around Kachatheevu) were gradually eroded and they were indiscriminately attacked and their catches and catamarans confiscated on the spacious plea that they had crossed the international maritime boundary," he said.
Despite an October 2008 joint statement by India and Sri Lanka on fishing arrangements, the Lankan navy continued to fire at Indian fishing boats killing hundreds of fishermen and injuring many more, Karunanidhi said and sought a direction from the court to the Centre to pay Rs 5 lakh compensation each to the kin of those killed and Rs 2 lakh to the injured.
On May 3, the Tamil Nadu assembly had unanimously passed a resolution moved by chief minister Jayalalithaa urging that the "government of India should take immediate steps to retrieve the Katchatheevu island ceded in 1970 to Sri Lanka" to help resolve the crisis and save lives of Indian fisher-folk.
In January 2009, the Supreme Court had issued notice on Jayalalithaa's petition on the same issue. She too had questioned the legality of the agreement ceding Kachatheevu to Sri Lanka saying it did no have backing of a constitutional amendment.
"Not withstanding the history of Kachatheevu and all historical evidence clearly pointing to the fact that it was a part of India, this island was ceded to Sri Lanka by and under an Indo-Sri Lanka agreement in the year 1974 without the necessary constitutional amendment," she had said.
"Apart from depriving livelihood to fishermen, hundreds of them have been killed by Lankan navy in the area. Several hundreds have been arrested for no reason and are suffering in Sri Lankan jails. Crores of rupees worth of high value catch made by poor fishermen after hours of toil have been destroyed along with boats and equipments including fishing nets," she had said.
The AIADMK chief had said the Supreme Court had in Berubari Union case in 1960 had clearly laid down that no ceding of territory could take place without Parliament first approving it in terms of a constitutional amendment. The DMK chief too cited the same case to augment his arguments.
Seeking a declaration from the court to nullify the ceding of Kachatheevu, she had sought a direction to the Union government to take steps for retrieving the island and include it within the territory of India.
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