The Supreme Court on Friday said that it cannot ask the United Kingdom to return the famed Kohinoor diamond which has been in their possesion for over a century.
Dismissing two petitions that sought judicial intervention in the matter, a Bench headed by Chief Justice JS Khehar said that such a plea was “misconceived” and the only way the priceless wealth can be restored back to India is through diplomatic channels.
Dealing with the petitions for the first time after becoming CJI, a Bench headed by Justice Khehar felt that the remedy of bringing Kohinoor back to India cannot be determined by any Court in India. “Can a court in India pass an order on a property which is in England for over a century.”
The Bench, also comprising of Justices DY Chandrachud and Sanjay Kishan Kaul, was hearing two petitions — one by an NGO All India Human Rights and Social Justice and another by a registered body called Heritage Bengal. One of the petitions demanded stay on auction of Kohinoor diamond while the other sought supervision by the Court on the steps being initiated by the Centre to explore diplomatic means with the UK Government to retrieve the diamond.
Terming the petitions “misconceived”, the Bench asked, “Could such petitions be filed asking England Government to stop auctionIJ” The second petitioner pointed out that the Antiquities Act allows India to assert its right over its ancient wealth. Even under the international conventions, England is bound to accept India’s request for the famed Diamond.
Pointing out the error in the submission, the Bench said, “Even under the international conventions it is not possible to bring back the Diamond unless both countries consent. No purpose can be served under our supervision. It is possible only by diplomatic means between the two countries.”
Almost a year back, the Supreme Court had directed the Centre to submit its response on the steps been taken to bring back Kohinoor. An affidavit filed by the Central Government informed the Court that all ways and means are being explored to restore Kohinoor from the UK Government. The Bench recorded this stand of the Centre while disposing the two petitions.